Introduction

As criminal justice students, we are always wanting to learn more about how our system works. but never stop to think about where it originated from. Weber State University gave us that opportunity with a study abroad to London, England. While in London, we dove right into how their legal system works with tours, guided by an actual solicitor, around the Four Inns of Court, the Royal Courts of Justice, the Thames Magistrate Court, and Old Bailey. We got one on one time with both a magistrate and a judge, and even got to witness actual court hearings. We then got to learn how their government works, with a tour around Parliament Square and the Supreme Court. Lastly, we learned about their policing from many different sources, like museums, including the City of London Police Museum, tours around the city with experts, and even a few officers themselves. This was an opportunity to not only learn where our criminal justice system originated from, but also allowed us to compare and contrast the two systems.

Parliament/Congress

The comparison between the United States and the United Kingdom’s justice systems begins in the differences between their forms of government. The US is a republic, while the UK is a constitutional monarchy. The UK is run by a Prime Minister and a Parliament- though the Head of State is the Monarch, so the Prime Minister is only the head of the government, not the country as a whole. The US is run by a President and Congress, and the President is both Head of State and head of the government. The British Parliament is made up of two houses, the House of Commons and the House of Lords, with a combined membership of over 650, as it is not a fixed amount. US Congress is also comprised of two houses, the Senate and the House of Representatives, with a combined membership of 485. Comparatively, the Senate and the House of Lords make up the upper chamber, while the House of Representatives and the House of Commons make the lower chambers. Interestingly, while in the US, no Cabinet member may be in Congress, in England, government ministers must belong to a House of Parliament, and if they aren’t already an MP (Member of Parliament) when they take the government position, they’re given a seat in the House of Lords. As such, Parliament plays a big role in the executive branch function in the UK, as well as being the legislative branch. In Congress, both houses must agree in order to pass a new law. In Parliament, the House of Lords can only argue the legislation proposed by the House of Commons, they cannot stop it. Parliament does not employ the separation of powers the way the US does.

The Palace of Westminster, more commonly known as the Houses of Parliament

Policing

There is a large difference between the policing in London and policing in the United States. Police in London have a strong presence, with a very authoritative role; this may have to do with the fact that majority of the force does not carry a gun. Only six police officers on shift can carry a gun, and they have special training to do so. This is a big contrast, since in the United States every police officer is issued a gun. When asked what an unarmed police officer does to protect themselves if they encounter a person with a gun, the response was to either run and hide, or try to swat it away. One remarkable thing that was learned about the police, is that they do not have the same rights as civilians when it comes to personal protection. Two officers from the Lewisham police department told us a story of how a colleague was stabbed by a pair of scissors, and had his baton taken away and was getting beaten by it. The officer said that her only defense was to throw the baton over the fence, and try to detain the man with as little force upon him as possible. The majority of the police do not even place cuffs on anyone during a stop and search, for fear they will impede that person’s human rights. London police all wear body cams, but this seems to be for their protection against claims of violating human rights, since the number of complaints have gone down significantly. 

The Metropolitan Police force is the major police force in greater London, established in 1829. It is separated by boroughs. It has a strong emphasis on community policing. During an interview with two female officers from the borough of Lewisham, they told us that the Metropolitan Police force in London consists of about 30% female officers and 20% minorities. The police are required to pass physical tests to maintain their position as officers. They seem to receive some self-defense training, however the officers referred to the training as laughable. Police tend to go on single patrols in order to stretch out their area of influence with fewer personnel. This is similar to a lot of parts in the United States. A difference in how cases are built in England than in the United States is that officers themselves gather most of the evidence and statements, then submit it to the crown prosecutors. This happens usually through electronic means; the officers rarely interact with the judicial branch unless requested to testify. The majority of calls the Metropolitan Police receive on a daily basis are mental health related calls. The officers said most recently there are calls of school children being robbed at knifepoint. A similarity is that media can have an unwanted effect on policing in England, just like it can in the United States. The officers explained that moped crime increased by 600% when the media reported that police cannot chase the suspects. Moped crime is usually young people stealing scooters or motorcycles, and driving around stealing items out of pedestrian’s hands and then dumping the vehicle. The police cannot chase these perpetrators due to liability reasons.

The other police force in London is the City of London Police. This police force was established in 1839 to police the square mile of the City of London, fearing they would lose its independence from the greater London area. A plaque in the City of London Police Museum explained that in 1839 policing was established by Parliament with a set of rules and regulations. The Court of Common Council created the role of police commissioner and a police committee to administer the policing in the City of London. City of London police officers can be identified wearing red and white checkered bands on their hats.

The City of London Police also have a Mounted Police unit, that is the last working branch in the country. They help with public order, community engagement, and ceremonial events.

The crime scene investigation section of the police is interesting, people join with no prior experience and are trained in a specific areas of forensics and specialize only in that part. They use the modern techniques of forensics that is used by the United States. They do not have “state crime labs”, but use private labs to process their forensic evidence.

Courts

In the United States, the court systems are separated into county, state, and federal courts.  In England and Wales, there is only one justice system for the country.

All criminal cases begin the court process in Magistrates’ court. According to the Magistrate that we met on our trip, Magistrates are court volunteers, who must be between the ages of 18 and 70 years old, be of good character, have a lack of prejudice, and have no criminal record for any serious offense. Similar to Justices of the Peace in the U.S., Magistrates are lay persons, not lawyers, but they do have a legal advisor. Magistrates sit in judgement of their peers, and hear cases involving summary offenses. Defendants may ask for a trial, but the trial would not involve a jury. Any trials in Magistrates' Court are what we would call a “bench trial” in the United States. Magistrates approve search warrant applications, as well as immigration and mental health warrants.  

Cases involving more serious charges are heard in Crown Courts, where a defendant is entitled to a jury trial. In England these are known as “indictable” offenses (i.e. robbery, rape, murder, assault causing grievous bodily injury). Some offenses are known as "either way" offenses, (for example burglary, or assault causing bodily harm) and can be heard in the Magistrates Court or the Crown Court. If a defendant is denied bail, his trial must be held within 6 months. Less than 10% of criminal cases go to the Crown Court for trial and/or sentencing. In London, the Central Criminal Court is the Old Bailey.

Trials in England and in the United States are based on the principle from the Magna Carta, “No free man shall be taken or imprisoned, or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by the lawful judgment of his peers or by the law of the land.”

Trials in Crown Courts are similar to the United States justice system, with one unique feature; jury verdicts are not required to be unanimous. With a jury of 12 persons, a majority verdict is allowed with 10 or 11 jurors agreeing to a verdict. According to our tour guide, trial defense is generally undertaken by a criminal solicitor, who then employs a barrister to present the case in court. Representation is publically funded for indigent defendants eligible for legal aid. Like in the United States, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. However, if he raises a defense, he then bears a burden of proving his defense to the jury. During trial, the defendant must sit in the “dock,” not next to his counsel, and if he would like to communicate with his lawyer, he must pass a note. Barristers wear a wig and black gown in Court.

At the Old Bailey, we witnessed a hearing during the trial of David Harris, charged with three counts of Solicitation of Murder of his wife Hazel Allinson. He had apparently testified a few days before, and had said he had become infatuated with a young woman he met at a brothel. He was lavishing expensive gifts on his mistress, and they had a five year affair. Prosecutors alleged the defendant had tried to pay various men to kill his wife in order to inherit their home and money. The last one he tried to hire was an undercover police officer. He admitted to the jury that he told a man he would pay him £150,000 to kill his wife, but he was doing so in order to research a book he planned to write. On May 18, 2017, the jury convicted David Harris (a retired producer of the cop drama The Bill). He will be sentenced at a later date and faces a lengthy prison term.

2012 government figures for offense types commonly sentenced in the Crown Court:

                            Assault/Public Order 23%

                            Theft/Dishonesty/Fraud 17%

                            Drug Offenses 14%

                            Burglary 12%

                            Robbery 7%

                            Sex Offenses 7%

                            Driving Offenses 4%

                            Other 16%

(Statistics taken from “Inside the Crown Court” by Jacobson, Hunter & Kirby)

Following a guilty plea or guilty jury verdict, the Judge will impose a sentence. In the case of a negotiated plea bargain, the defendant may plead guilty with the understanding that a lesser sentence will be recommended, but the Judge may disapprove. Sentencing is based in part on the calculation of sentencing guidelines, in both Crown Courts and Magistrates’ Courts. For each crime, there are a range of sentences that are available, but the decisions are guided by the concept of proportionality. The idea is the severity of the sentence should match the seriousness of the offense relative to the harm caused and the offender’s culpability. The current sentencing guidelines from 2007, require the court to take into account the defendant’s guilty plea. To save costs and court resources, defendants are given a benefit for pleading guilty at an early stage as opposed to those that put the Crown to the burden of having a trial. Those that plead guilty at an early stage are given a 33% reduction, those that are a late pleaders are given a 25% reduction, and those that plead guilty on the eve or the beginning of trial are given a 10% reduction. Like in the United States, sentencing factors are outlined in a probation officer’s report. (Source: The Origins and Nature of Sentencing Guidelines in England and Wales).

Tower of London, where prisoners of old were taken to be imprisoned before execution

 The Royal Courts of Justice houses the Criminal Court of Appeal. On our first day in London we heard the oral reading of an Appeals case while visiting the Royal Courts of Justice. In this case, a 30-year-old military veteran was driving a lorry when he failed to break, after being on his phone just moments before, and caused a fatal accident driving 43 miles per hour. He was found guilty of Dangerous Driving involving death. The appeals court reviewed the aggravating factors and mitigating factors that were taken into account when the first Judge imposed the sentence, but then substituted a higher sentence, saying that the first judge had given undue weight to the mitigating factors overlooking the aggravating factors (one death, multiple injuries, using his cell phone while driving etc.).

Lawyers

In England, all barristers must be affiliated with one of the four Inns of Court, each located in the “Temple” part of London, close to Parliament. These are professional membership societies with dining rooms, libraries, courtyards, gardens, and churches, where a barrister must go to complete their courses of study. Barristers wear a winged collar, wigs and robes in Court. (At Ede and Ravenscroft, London, the only place to buy them, horsehair wigs retail for £540, about $690).  At the end of their legal study they are “called to the Bar”, which ties into the American Bar Association for lawyers in the United States. 

A judge's ceremonial wig

Conclusions

Throughout this whole trip, we learned many things about England's criminal justice system. We learned that in England their government is run by a monarchy and Parliament, where the United States is run by a president and congress. There is only one cohesive form of a justice system in England, where in the United States it is broken down into county, state and federal. Policing may have the biggest difference between England and the United States. Police in England do not carry a gun and have very little rights to defend themselves, where in the United States each officer carries and gun, and can use appropriate force when needed. Overall, this has been a great experience to learn how our criminal justice system compares and contrasts with England’s, and how their system helped shape ours.