Victims of Crime: The Criminal Justice System in the United Kingdom

This essay explores the discrimination faced by victims of crime in the UK criminal justice system, particularly based on their ethnicity. It also discusses how victims of sexual assault are often failed by law enforcement agencies and prosecution attorneys, and examines the support provided to these victims. The essay provides an in-depth analysis of the criminal justice system in the United Kingdom.

Victims of Crime 1
The Criminal Justice System in the United Kingdom
Student’s Name
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10th May 2019

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Table of Contents
Introduction......................................................................................................................................3
Background Study...........................................................................................................................3
Ethnicity and the United Kingdom Criminal Justice System..........................................................4
How law enforcement agencies and prosecution attorneys have failed victims of sexual assault. .6
Do victims of crime receive enough support?.................................................................................8
Conclusion.......................................................................................................................................9
References......................................................................................................................................11
Articles, Books and Journals.....................................................................................................11
Legislation.................................................................................................................................11
Websites.....................................................................................................................................12

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Introduction
The right to have a defense attorney has not been universal historically. In the United Kingdom
(England), treason suspects were not allowed to have a lawyer. Every country in the world is
troubled with problems in the criminal justice system. Biases and discrimination in terms of age,
ethnicity, gender, and socio-economic status is a universal problem (Ponsaers and Devroe, 2012,
115-135). The defense and prosecution lawyers are subject to compromise by accused persons.
The police and witnesses have also fallen to the manipulative techniques of criminals. The
growing cases of manipulations within the criminal justice system have prompted research into
the matter that focuses on rooting out the evil culture. Inequalities and discrimination in the UK
criminal justice system that targets a specific group of people face several criticisms from the
public and concerned agencies. This essay seeks to uncover the discrimination based on a
victim’s identity (particularly ethnicity) in the UK criminal justice system, how the victims of
sexual assault have been let down during prosecutions and investigation, and the support given to
the victims.
Background Study
Criminal justice refers to the process where justice is delivered to criminals (those who have
engaged in crime. The government agencies and organizations tasked with identify and catching
criminals to inflict punishment are referred to as the criminal justice system (Rowe, 2012). The
aim of a criminal justice system is not only to punish offenders, but also to rehabilitate them,
prevent them from committing more crimes, and from giving moral support to those who have
suffered in the hands of criminals (victims) (Alexander, 2010, 272-277). The system consists of
three major parts: “
 Agencies in charge of enforcing the law (mostly the police)
 Courts (this consists of the prosecution and defense departments)
 Detainment and supervision agencies (prisons and probation services).”
The three institutions operate together in the maintenance of law in the society; the agencies are
distinct and independent from each other. The first step is law enforcement; the police
investigate a suspected crime, and the suspect is arrested (Llewellyn, Agu and Mercer, 2010). In
cases whereby the suspect is a national level threat such as a terrorist, a more creative agency

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takes over the situation. The second step is the court. Courts are avenues for settling disputes and
the administration of justice. The court has both professional and non-professionals who preside
over the administration of justice (Llewellyn, Agu and Mercer, 2010). The judge or magistrate is
a trained person who knows the law. He or she listens to the legal arguments provided by the
suspect’s and prosecution’s attorneys and provides the final decision. The prosecutor is a lawyer
tasked with tabling the charges and evidence against a suspect criminal or entity. However, the
prosecution act as the claimant’s attorney; he or she represents the state in a criminal proceeding
(Llewellyn, Agu and Mercer, 2010). The defense is made up of a qualified attorney who counsels
and stands up for the accused person.
Ethnicity and the United Kingdom Criminal Justice System
Ethnicity is the state of belonging to a particular group of people with specific cultural, religious
or racial traits (Alexander, 2010, 272-277). In the UK, the specific issue at hand is racial
discrimination in the CJS (criminal justice system). Historically, racial discrimination in the
UK’s CJS was rampant among the police. The police used the “sus law” which was a reference
term to “Section 4 of the Vagrancy Act” which was a racial discrimination tool (Rowe, 2012).
Britain’s police used “Section 4 of the Vagrancy Act” in 1824 to arrest innocent young men of a
particular color; no evidence was tabled before the court (Rowe, 2012). The law was used by the
police to justify the arrest of young black men who looked suspicious to them. The widespread
misuse of that law led to its removal in the 1970s. The law had given rise to mistrust between
Britain’s police and the black people in the country; it resulted in nationwide rioting in the 1980s
(Alexander, 2010, 272-277).
Media stations have also been instrumental in the social deconstruction of black communities
and terming them as “prone to crime” (Rowe, 2012). The media depicts “Black and Minority
Ethnic (BME)” communities as a social threat in society (Rowe, 2012). In the aftermath of the
“Milltown Disorder in 2001”, the media portrayed the Asian community as a rising threat to the
society and growing cases of crime. The Asian young men were reported to have several
criminal gangs that terrorized locals; something that was just cooked up by the media to

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criminalize Asians. The media and law enforcement agencies colluded in creating a major rift
between the minority groups (Asians and blacks) and the majority (whites).
Lord Scarman devised several recommendations to deal with the rising case of “systemic racism
in the criminal justice system” (Ponsaers and Devroe, 2012, 115-135). He discovered that there
were several cases of brutalization or racialized communities by the British police. The tension
and difficulties revealed the causes of racial discrimination. The rising number of riots in the UK
in 1981 prompted the government to order for an investigation into the matter. Lord Scarman
was the leader of the inquiry team which came up with the “Lord Scarman Report” that outlined
certain recommendations. The report detailed the economic, political, and social causes of racism
in UK’s CJS.
Systemic racism has crossed over into the modern CJS. People have lost confidence in the CJS;
there are rising instances of inequalities in the delivery of justice. The “stop and search” method
has been revealed to be instilled with discrimination as a certain race, or rather a group of people
is being targeted. Even in the “Macpherson Report in 1999” the stop and search method was
subject to numerous controversies; the method was targeting visible minorities in the society and
subjecting them to unlawful searches and arrests (Llewellyn, Agu and Mercer, 2010). The police
used to stop and search to segregate young people of other colors racially. Its use was, however,
curtailed when it was evident that it was a racial discrimination tool in the CJS. Nonetheless, the
7/7 bombings have brought back the “stop and search” law; it is being used to strengthen security
and prevent imminent attacks (Parmar, 2014, 118-138). The process is said to have been
instrumental in the racial isolation of black communities in the UK’s CJS.
Statistics reveal that black men are overly represented in terms of arrests compared to Asians and
whites in the UK (The Stationery Office, 2010). The data states that black people’s DNA stored
(those arrested) is 27%, 6% for white people, and 9% for Asians. This clearly shows that black
people are more likely to be apprehended compared to other communities in the UK. More black
people are being arrested and prosecuted in the modern world; they are also prone to be given
longer sentences compared to other communities in the UK. Isn’t it clear that the UK’s CJS is
marred with racial discrimination? The racial marginalization is also attributed to poor social-
status of some communities (Bangladeshi and Pakistani) and illiteracy for black communities

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and people descending from Africa (Alexander, 2010, 272-277). That differentiation and
marginalization have led to the racialization in UK’s CJS.
A report published by the “Prisons Reform Trust and the Standing Committee for Youth Justice”
reveals the underlying discrimination in the custodial sentences. “This report by the Prisons and
Probation Ombudsman adds to the growing weight of evidence that prisons are failing to tackle
discrimination. It echoes the findings of our research, showing that many people, legitimately
seeking answers, face unacceptable delays and inadequate responses. The neglect of remedies for
unfair treatment should concern us all. A well-functioning complaints system is a fundamental
part of a successful prison service. It allows grievances to be resolved at an early stage and
provides vital opportunities for prisons to learn. The government is failing to meet its legal
responsibilities to promote equality in criminal justice. The Ombudsman’s report helps to show
what government must do to repair the processes of resolving complaints about discrimination.”
Peter Dawson, Prison Reform Trust Director (Prisonreformtrust.org.uk. 2019).
It is evident that there is a serious problem of racial discrimination in the UK’s CJS.
The number of black men being arrested, prosecuted, and targeted by stop and search
police parties is overwhelming.
How law enforcement agencies and prosecution attorneys have failed victims of sexual
assault
The negative treatment of sexual assault victims has brought about a certain perception of those
who have suffered in the hands of sexual offenders (Yorkshirepost.co.uk, 2019). Lack of special
treatment when handling survivors of sexual violence, few convictions of sexual offenders, and
leniency in sentencing has created a society that decriminalizes rape (Star Tribune, 2019). In the
United Kingdom, survivors talk of bad experiences with the criminal justice system. Even
though there are people who have received the justice they seek, many have not. The primary
problem that arises in the CJS of sexual violence survivors is that most victims do not report the
incident (Hernan, 2005, 571-602). The offense is, in fact, the most unreported act in the criminal
liability charges. According to a report in the UK, more than 80% of the victims of sexual
violence do not report the crime. There are numerous reasons why the situation exists (Star
Tribune, 2019).

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Fear is known to be a major cause of progress in every step of a person’s life. Fear in victims of
sexual assault in broad: “
 The fear that they might not be believed (disbelief)
 The fear that they might be blamed (unjustified blame)
 The fear that the accused might seek retribution
 The fear of going through a repeat trauma (re-traumatization)
 The fear of the impact of the information on their families and communities
 The fear that the criminal justice system will not live up to its end of the bargain (not
receiving justice)” (Star Tribune, 2019).
According to research in Ireland, CJS has created a negative perception in the minds of the
victims of sexual violence to the extent that they would rather forego reporting the incident
(Yorkshirepost.co.uk, 2019). Majority of those who seek the services of the CJS end up pulling
out in the long run. Those who have interacted with the police say are often reluctant to pursue
justice through the CJS. Sexual assault victims who do not have legal representation feel the lack
of support around them thus making them feel bad about themselves (Yorkshirepost.co.uk,
2019). This has prompted several training programs for police officers. The right way of dealing
with cases of sexual assault is:
 “Collect all possible physical evidence, including clothing, bedding, cellphone records,
and DNA samples
 Find witnesses who can describe the victim’s and suspect’s behavior before the incident
 Interview “outcry witnesses” — friends and relatives in whom the victim or suspect
might have confided soon after the incident
 Interview the survivor using trauma-informed techniques, recognizing that a violent
assault can affect a person’s memory. Use open-ended questions such as what was going
through your mind when that happened?
 Interview known suspects in person and run criminal background checks
 Because rape survivors often have doubts about proceeding and may be hard to reach,
make at least three attempts to contact them

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 Prepare detailed reports using the victim’s own words and documenting everything that
officers saw, heard and did to investigate. Prosecutors say thorough reports can make or
break a sexual assault case
 When appropriate, ask the survivor to try a “pretext call,” a monitored phone call or
message that allows the suspect to admit wrongdoing” (Yorkshirepost.co.uk, 2019).
The failure by police to use the laid down procedure in handling the cases has led to the loss of
confidence in the CJS by sexual violence (The Conversation, 2018).
The few cases of that are reported to the police are often taken to trial; this is a challenging step.
The court is the stage where traumatic stress in the victim is triggered (Hernan, 2005, 571-602).
Survivors who have successfully passed through courts of law would not advise others to seek
justice in the court. The defense attorney has the task to disapprove the prosecution’s evidence.
In this case, the victim’s testimony is the only evidence. The defense strives to negate the
victim’s credibility and reliability (Star Tribune, 2019). The consistency and plausibility of their
story are put to question. At this point, the person goes through secondary victimization. The
details of the original assault are revealed, the victim is accused of lying, the sexual assault
stereotypes are invoked thus making the victim feel guilty. After all this, is it possible for anyone
else to seek justice in a court of law? The events can lead to psychological distress in the
survivors of sexual assault. These survivors need support not just justice; the police and courts of
law have failed them.
Do victims of crime receive enough support?
In the United Kingdom, the National Crime Agency ensures that survivors (victims) receive
enough support and justice in compliance with the Victims’ Code in England and Wales;
Victims’ Charters in Northern Ireland; and Victims’ Code for Scotland in Scotland
(Nationalcrimeagency.gov.uk., 2019). These legislations guide how victims should be advised,
supported, and guided. The agency also has certain categories that help in the work it does: “
 Victim Identification Team
 Child Protection Team
 Vulnerable Person Team

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 UK Protected Persons Service
 National Vulnerable Witness Adviser.”
These teams are devoted to protecting the victims of crime.
According to the Victims’ Commissioner, the child sexual abuse’s independent inquiry team has
firmly been established. The interim report submitted by the team has already recommended
some changes that the government is intent on acting on it. There are also vast recommendations
on cases of domestic violence. The members of parliament laid down ways in which the victims
can be supported. Despite all these efforts, the protection and support of victims of crime have
fallen short. The journey through the criminal justice system is still a gruesome experience. The
victims still do not have an independent defense advocate (Yorkshirepost.co.uk, 2019). Such an
advocacy will ensure that the victim gets adequate advice in conjunction with other criminal
justice agencies.
According to the Crime Survey for England and Wales, the courts do not abide by the provisions
of the Victim’s Code of Practice. Victims’ Personal Statements(VPS) reveal that the judges’
rulings are inconsistent with the code of practice (Yorkshirepost.co.uk, 2019). Government
agencies should rise to the occasion and deal with the issue permanently. How isit possible for
the society to support victims of crime when the courts have failed them? Some advocates are
intent on undermining the consistency, credibility, plausibility, and reliability of the statements
made by the victims of crime (especially sexual assault) (The Conversation, 2018). Lack of
psychological, advocacy and legal support derails the process of trying to protect victims of
crime.
In as much as there are several agencies which have sworn to protect survivors and victims of
crime, a lot needs to be done. Those in the CJS should be educated on how to handle victims;
they should be taught the potential effects of sexual violence on the victim’s psychology.
Conclusion
To conclude, it is imminent that racial discrimination is still a global menace, the criminal justice
system has failed victims of crime (sexual violence in particular), and the society has not done

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enough to support the survivors of crime. Most importantly, it is essential to note that supporting
victims of crime is not just about justice, but also mental and psychological support.

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References
Articles, Books and Journals
Alexander, C. (2010). Culturing poverty? Ethnicity, religion, gender, and social disadvantage
among South Asian Muslim communities in the United Kingdom. In: S. Chant, ed., The
International Handbook of Gender and Poverty: Concepts, Research, Policy, 1st ed.
Cheltenham: Edward Elgar, pp.272-277.
Herman, J.L., 2005. Justice from the victim’s perspective. Violence against women, 11(5),
pp.571-602.
Llewellyn, A., Agu, L. and Mercer, D. (2010). Sociology for social workers. 1st ed. Cambridge:
Polity.
Parmar, A. (2014). Configuring ethnic identities: resistance as a response to counter-terrorist
policy. In: C. Phillips and C. Webster, ed., New Directions in Race, Ethnicity and Crime, 1st ed.
London and New York: Routledge, pp.118-138.
Ponsaers, P. and Devroe, E. (2012). On how a failing government creates an intrusive police
force. In: E. Devroe, ed., Tides and currents in police theories, Issue 25; Issues 2012-2014, 1st
ed. Antwerp and Portland: Maklu Publishers, pp.115-134.
Rowe, M. (2012). Race & Crime (Key Approaches to Criminology). 1st ed. London and
Thousand Oaks: Sage Publications.
The Stationery Office, (2010). Legislative Scrutiny: Crime and Security Bill; Personal Care at
Home Bill; Children, Schools, and Families Bill Twelfth Report of Session 2009-10 Report,
Together with Formal Minutes and Written: House of Lords Paper 67 Session 2009-10. 1st ed.
London: The Stationery Office.
Legislation
Section 4 of the Vagrancy Act UK

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Victims’ Charter
Victims’ Code for Scotland
Victims’ Code of Practice
Websites
Prisonreformtrust.org.uk. (2019). Prison Reform Trust > Press & Policy > News. [online]
Available at: http://www.prisonreformtrust.org.uk/PressPolicy/News/vw/1/ItemID/620
[Accessed 10 May 2019].
Star Tribune. (2019). Denied Justice: Minnesota's failed rape investigations. [online] Available
at: http://www.startribune.com/denied-justice-series-when-rape-is-reported-and-nothing-
happens-minnesota-police-sexual-assault-investigations/487400761/ [Accessed 10 May 2019].
The Conversation. (2018). Survivors of sexual violence are let down by the criminal justice
system – here's what should happen next. [online] Available at:
https://theconversation.com/survivors-of-sexual-violence-are-let-down-by-the-criminal-justice-
system-heres-what-should-happen-next-94138 [Accessed 10 May 2019].
Yorkshirepost.co.uk. (2019). Still much work to do before victims of crime do truly come first –
Baroness Helen Newlove. [online] Available at:
https://www.yorkshirepost.co.uk/news/opinion/columnists/still-much-work-to-do-before-
victims-of-crime-do-truly-come-first-baroness-helen-newlove-1-9741210 [Accessed 10 May
2019].
Nationalcrimeagency.gov.uk. (2019). Supporting victims and survivors - National Crime Agency.
[online] Available at: https://nationalcrimeagency.gov.uk/what-we-do/how-we-work/supporting-
victims-and-survivors [Accessed 10 May 2019].