All justice is best served swiftly
Stephen Parkinson, Director of Public Prosecutions, wrote in a piece for The Times about the need for swift justice in all criminal cases. He explained the process by which we can charge cases of violent disorder quickly, and why the other case types take deeper, specialist work to build a case and ultimately prove.
Soon after the violence that terrorized our streets began, I promised the Crown Prosecution Service would prosecute cases swiftly and effectively. We have delivered on that promise.
The pace of the response has been rapid. As of Sunday evening, Crown Prosecution Service lawyers had charged 474 suspects and counting. Within eight days of the first riot in Southport, three culprits had been jailed. In Plymouth, the first offenders dealt with by the courts – who had looted shops and spat at police – were charged, convicted, and jailed within 72 hours.
Last week the CPS authorised the first charges of riot – a serious offence carrying up to ten years’ imprisonment – and more will follow. The bar to prove this crime is higher than the crime of violent disorder, for which most people have been sentenced, and CPS lawyers and police have worked diligently to analyse footage and witness accounts to build strong cases which stand up in court.
Most suspects admitted their guilt and the majority have gone to prison. To any who thinks this too harsh, I say that a swift and unambiguous response was the only way to bring widespread disorder under control. While the police and CPS remain vigilant, these efforts appear to have succeeded, with the worst disorder having died down.
Delivering justice at this sort of scale and pace was only possible because of the commitment of the police, prosecutors and courts. Lawyers worked into the early hours, day after day, to charge cases – motivated by the importance of their work in the service of our country.
Talk of a one-sided approach is unfounded. Those needing proof need only look at the violent and disorderly so-called ‘counter-protestors’ who we charged and prosecuted with the same even-handed professionalism as the mob they claimed to oppose. The CPS prosecutes people who break the law – irrespective of background or political affiliation. This is why we are independent from government. It is central to who we are.
Some may ask why all crime isn’t punished so briskly.
Some cases take longer because they are complex. Not every crime is as obvious as pushing a flaming wheelie bin at police, or is captured on multiple body-worn cameras. Crimes like rape and domestic violence often take deeper, specialist work to build a case and ultimately prove – something we are working with police to do better.
And candidly, in the long-term, swift justice at the pace and scale we have seen in recent days requires considerable investment in the criminal justice system.
But I know we can do more now to reduce delay. Fundamentally it is absolutely right to recognise that all justice – not just for violent riots – is best served swiftly. As a criminal defence lawyer of 20 years I saw firsthand the damage delayed justice causes. It erodes lives, damages relationships, and prevents healing taking place. That is true for victims, witnesses, and also defendants. I am determined to do something about it.
That’s why we are putting a stop to the ping-pong of case files between police and prosecutors, by encouraging direct conversations to sort out problems that are taking too long to resolve. We are serving our full case on defendants ahead of the first hearing so more are encouraged to plead guilty early, sparing victims painful trials and freeing up vital court capacity. And we’ll boost the number of advocates in our ranks with new career pathways for would-be barristers, so fewer trials are adjourned because there aren’t enough lawyers.
We will play our part – but to deliver swift justice our whole criminal justice system must adapt and change. We need to find new ways of working. Victims and the public deserve nothing less.