FAQ

Frequently Asked Questions About London's Justice System

1.  Police do not carry weapons, though the need for them to is on the rise. Is there a movement to arm police, or at least more of them?

The majority of police in England still do not want to be armed, despite the amount of weapons in the hands of criminals in the country. There are strict requirements for becoming an armed officer, and the units are small, requiring 9 months of training, then continued training while in the unit. Police have been recruiting more armed officers in recent times, but the mood among officers is still one of hesitance. Some police are trained to carry tasers as well, but they are not standard issue and the units are again very small. Most officers only carry an extendable baton as their only weapon, though most officers are still reluctant to use them.

2.  What are the four Inns of Court?

The four Inns of Court are societies, in a sense, that the barristers (lawyers) of England join as part of their training. Every barrister in England must choose one of the four Inns; Middle Temple, Inner Temple, Lincoln's Inn, or Grey's Inn. Every inn contains offices for the barristers, a dining hall, a church, and a library, many of the buildings dating to the fifteen and sixteen hundreds.

3.  If the Police and Criminal Evidence Act provided for a suspect’s right to speak with a solicitor, do the English have some form of the rest of the US Miranda Rights?

The English give a suspect the warning "You do not have to say anything, but it may hurt your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." The key difference is in the Fifth Amendment of the US Constitution, in which no person " shall be compelled in any criminal case to be a witness against himself". England does not have this right, in the sense that the US does.

4. How are the civilians trained as policing entities, like CSI?

No position actually requires a formal education like we do in the United States. All training is in-house, and you specialize in a singular department, like fingerprints or blood spatter. You can continue your training and go beyond one specialty to eventually have enough skills to process a murder scene. However, the police are mostly likely the ones to collect physical evidence.

5. If a barrister cannot be contracted by a solicitor, what stops the solicitor from always using that barrister that they are specialized in?

Much like the United States, they have firms in which each barrister specializes in a certain part of the law. The solicitor can use the same law firm and request a certain barrister, but because of existing cases that barrister may not be available, the firm will suggest another barrister that is available. The client also gets to choose if they want to use that firm or not.

6.   Is the jury system the same in England as in the U.S.?

There are differences. In England’s Magistrate Courts they do not hold jury trials only what we would call bench trials where a judge decides the case.  In Crown Courts where the most serious cases are tried there will be a jury of 12 people but there is no requirement for a unanimous verdict, only a majority verdict of at least 10 or 11 jurors agreeing.

7.  Are firearms and violent crimes an issue in England like in the U.S.?

Handguns are completely illegal in England.  It is also not legal to carry a knife for the purpose of general self defense.  News reports reflect growing concern about young people carrying weapons including knives, and the number of assaults involving knives   One such crime occurred in April 2014,  when a teacher at a High School in Leeds, England named Ann Maguire was stabbed to death by a student.  In the past two years schools in England have seized 3,000 weapons at schools.

8.  What are some of the major differences  in the Court system between the U.S and English criminal justice systems?

There are a few. First, there is no death penalty in England.  It was abolished in 1964 so only life imprisonment is available but it is used rarely.   England has a different sentencing statute for offenders age 18 to 21 with an emphasis on rehabilitation.  Judges in England cannot declare laws passed by Parliament to be unconstitutional.  Magistrates hear and decide cases in groups of three.

9.  What are some of the major differences in the prison system?

Adult jails only house inmates who are 21 and over.  In 2010, there were approximately 85,000 inmates in jails and prisons in England (where the country has a population of 57 million). One-third of prisons have no walls or fences to prevent escape.

10.  What are the Houses of Parliament?

There is the House of Lords, who are not elected, with 92 hereditary peers, and 26 bishops/archbishops of the Church of England.  The House of Commons is larger and the most important component of Parliament with elected Members (MP).  They vote on legislative bills much like Congress in the United States.  Parliament is considered sovereign.  For example, the Bill of Rights included a provision for the right to bear arms but Parliament has repealed/diminished those rights.