Two-Tier, Two Speed Justice? Delays in the Criminal Justice System Explained

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The debate surrounding the criminal justice system’s alleged two-tier structure has been gaining significant attention. Questions have been raised around why the Manchester Airport incident has not yet been prosecuted or why some cases, such as Axel Rudakubana, accused of the Southport stabbings, take many months before a trial begins. This has led to accusations that cases may be routinely delayed by authorities in an effort to bury news in the hope that public outrage will settle down.

However, when we examine the facts of how the criminal justice system functions, it becomes clear that while these concerns are completely understandable, a full understanding of the facts often points to a different conclusion than many have drawn. The apparent disparities in case timelines are less about bias or preferential treatment and more about the realities of how cases are processed within a system under significant pressure.

Key to understanding this is the fact that, much like the NHS, which struggles with backlogs and delays, the criminal justice system is currently under immense pressure. It faces similar challenges, with cases delayed due to the sheer volume of work and limited resources. What may seem like excessive delays are often typical times. Understanding this is key to grasping why certain cases seem to move at different speeds.

Although, when making comparisons to the cases of recent rioters being jailed, there are other considerations relating to the justice process.

Understanding the Process: Guilty Pleas vs. Not Guilty Trials

One of the central elements to consider is the distinction between cases where suspects plead guilty and those where they maintain their innocence and face a trial. For example, many of the suspects involved in the riots that followed the Southport stabbings pleaded guilty to charges such as violent disorder. These cases, often heard in magistrates’ courts, could be processed quickly—sometimes within days of arrest.

After a guilty plea the presumption of innocence no longer applies, and a swift sentencing process is expected. If a custodial sentence is likely, suspects are remanded into custody and processed with urgency. This contrasts with cases where defendants plead not guilty, requiring a full trial in the Crown Court. In these situations, cases like those related to the riots, which are scheduled for spring next year, are still moving through the system relatively swiftly by current standards.

Moreover, the rioters were not only processed quickly due to their guilty pleas but were also prioritised by authorities over other cases, such as traffic offences, which might have been scheduled to take place in magistrates’ courts. These routine cases were delayed in favour of expediting the riot cases, with authorities eager to send a message that swift justice in these high-profile, disruptive cases was essential to serve as a deterrent.

Prioritising Victims and Serious Offences

The criminal justice system must prioritise cases based on severity and the presence of immediate victims. Serious crimes, such as those involving sexual offences or violence, take precedence because of the urgent need for justice for victims. These cases, however, still often experience delays of over nine months from offence to sentencing, given the complexity of evidence gathering, witness preparation, and trial logistics.

By comparison, crimes like drug trafficking or fraud, which may not involve direct victims in the same immediate sense, can take years to bring to trial. A recent case we covered involving a drug trafficking operation saw a five-year delay from arrest to sentencing, while a case involving terrorist materials took 18 months. These delays are not unique to high-profile cases but are part of the broader reality of the system’s functioning.

The Pressure on the Criminal Justice System

It’s important to recognise that these delays are symptomatic of a criminal justice system under significant strain, similar to the pressures faced by the NHS. Court backlogs are a serious issue, with over a quarter of cases waiting more than a year to be heard. The average time from the crime taking place to the final verdict or sentence being handed down is currently 683 days—more than 22 months.

The closure of court buildings and the ongoing challenges in recruiting barristers also contribute to the strain on the system. Despite the intellectual and professional appeal of criminal law, pay for barristers working in this area is often shockingly low. A second-year criminal barrister can earn less than £20,000 annually, a stark contrast to the much higher salaries in civil law, making it difficult to recruit and retain experienced legal professionals. This shortage in available barristers adds to the delays.

A Call for Honest Discussion

While it is easy to draw conclusions based on the high-profile nature of certain cases, the facts tell a different story. The delays that people perceive as evidence of “two-tier justice” are more a reflection of the pressures facing the system as a whole. These pressures are not the result of deliberate bias or preferential treatment but are instead the result of a justice system underfunded, overworked, and stretched to its limits.

Much like the NHS, which is struggling with backlogs and delays, the criminal justice system faces similar challenges. In order to ensure access to justice for all, we must acknowledge these realities, lay aside conspiracy theories and have an honest discussion about the systemic issues that are contributing to these delays. Without addressing the underlying problems, such as underfunding and understaffing, delays will continue to be an unfortunate, but inevitable, part of the process.

In this way, by avoiding red herrings, all attention can be on any actual cases of potential interference in the criminal justice system by the government or alleged hiding of information from the public. While routine delays are frustrating for the public, their true cause must be recognised as a chronically underfunded criminal justice system, and we must not imagine that it is the hand of government causing the sentencing of offenders who plead guilty to offences during the riot which could be dealt with entirely by magistrates courts to proceed in a matter of days, when violent offenders can take many months, and drugs traffickers or fraudsters, years.

Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.

Jason King

Birmingham City-Desk

Twitter (X) @JasonKingNews

Jasonkingnews@gmail.com