Systemic Failure Of The Criminal Justice System.

One of the first duties of the State, one of the most potent arguments for the very existence of government, is providing safety for the citizenry. In an attempt to create that, the State has developed a criminal justice system whose explicit aims are - the deterrence of crime, the detection of crime, the punishment of crime, and the rehabilitation of the criminal.

If this system of connected agencies functioned correctly, it would be simply demonstrated by the merest glance at crime statistics. Alas, any criminologist will happily tell you of the many deficiencies in such data, and how they invariably require unpacking. Many factors play into crime numbers, and perhaps the least important part is the actions of the criminal justice system. Population growth, population ages, economic conditions, social mores and conditions, cultural shifts, and technology are amongst some of the factors that go into increases or decrease in crime. Not to mention changes in the way statistics are defined and collected. That said, we can see broad moves and judge whether the components of the criminal justice system deliver what we expect from them, and what we pay them handsomely for.

The police are the first line in our response to crime. You may be rather shocked to discover that the clear-up rate for crimes now stands at under 6%. So 94% of crimes are left unsolved by the police. Expanding on this, the solved rate for murder remains extremely high, the solved rate for property crime is incredibly low. But across the board, the police are just not solving crime. There are many, and complicated, reasons offered for this but at its root is the reality that the police no longer bother investigating crimes such as burglary. You'll receive a nice letter from Victim Support long before you see an actual copper at your door in response to a call. While campaigners complain that rape prosecutions are so low that rape is effectively decriminalised, the reality is that nearly all the crime that blights our lives is effectively decriminalised. The police are utterly failing to deliver the outcomes we demand and pay for.

Assuming you are one of the very few unlucky criminals to get caught and hauled before the Courts, you'll have the obstacle course of finding a legal aid solicitor - whose ranks have been decimated - and an available empty court with an actual judge in attendance. The backlog in trials now runs into years. This wreaks havoc on the lives of the accused and the victims alike. If the role of the courts is to judge those accused in a timely manner, the court service joins the police force as being a gross failure that has only got worst over recent years.

But let's assume you were unlucky enough to get caught in your nefarious deeds, and a lawyer, a court and a judge was found, and you find yourself carted off to the Scrubs. While we all have many and varied views on what prison is meant to achieve, reducing crime is on most of our lists, else prison becomes a hideously expensive empty performance. It is depressing, then, to realise that crime doesn't stop at the prison gates, that there are hundreds of thousands of assaults in prison each year. Prisons are riddled with crime, most of it unknown to the authorities.

Whilst we too easily shrug off what happens within prisons, prisoners are released. And on the measure that matters - reoffending - then the prison service returns to society people who have a 50% chance of reoffending. The economic cost alone of this reoffending is estimated to be 50 billions. If prison is measured by how it cuts crime, it has failed from the time we laid the first brick. By now it is horribly clear that the Golden Thread that weaves through criminal justice is failure. Failure by the police, failure by the Courts, and failure by the prison service. Individually and systematically they fall far short of what any reasonable person can expect from them - safety of our property and person. There is no other part of government that delivers so much failure for such a large cost. And while we may grumpily accept poor performance from other parts of government, failure in criminal justice corrodes the very sinews of society and dissolves the bonds between us. As political philosophers have long pointed out, no society can function if what one produces can be randomly appropriated by another.

As civilised as we may be, there remains deep within our species atavistic urges that require some censure and control by the State for the common good. We occasionally need saving from ourselves as well as other people. This is the primary state of government, and recent disorders remind us that when belief in the competence of criminal justice is eroded, some are disinhibited from cooperating with that system and maintain social order.

There is no simple remedy for these gross, systemic failures. There is no set of alternatives shining like a beacon in the darkness. All we can do, what we MUST do, is take the first step and admit the failures of criminal justice to cut crime. We will never search for solutions unless we can honestly look the problem in the eye.

Fellow Romans

The speech Starmer won't give.

The first duty of any government is the safety of its citizens. That requires an efficient, moral and reliable criminal justice system.

I stand here today because our criminal justice system is not achieving these aims. I have to explain to you what this difficult situation is, how we arrived at this point, and what we are compelled to do to address this situation.

The criminal justice system is in crisis. We have all seen the stories around prisons. But criminal justice is far more, it is an interlocked system encompassing the police, probation, courts and prisons. They rely on each other, and a weak point in that chain can damage the whole system.

The police have all but abandoned dealing with crimes they feel are less important. But a person breaking into your home and taking your goods IS important. You rightly expect this to be dealt with quickly and efficiently. The police are failing in their core duties of detecting and solving crime.

The courts service is straining at the limits of its capacity. Court buildings are crumbing. We have insufficient numbers of Judges, and lawyers are overburdened to a shocking degree. Waiting times for trials can now stretch into years.

The probation service has been fragmented, overburdened by bureaucracy, and is short of staff. We rely on the work of the probation service to monitor those offenders in the community, and they are unable to fulfil this to the extent we would desire.

And then prisons, the centrepiece of our criminal justice system. Our prisons are full. They do not rehabilitate offenders well. There is also a shortage of staff to do this difficult job of trying to work with people who obviously don't want to be there.

We have entered government to find all these problems coming to a head, and unlike the Conservatives, we WILL address the problems, we MUST address the problems. It is fundamental to good government and a stable society that people have a criminal justice system that detects crime, catches criminals, and gets them before the courts for due punishment, with space in prisons to take them.

We currently don't have such a system. We have inherited a shockingly underfunded and neglected criminal justice system.

This brings us to the immediate crisis - there is no more room in prisons. The Tory government KNEW from their own statistics that this was going to occur, and they decided to avoid addressing what is now a crisis. They ignored the problem and handed it to us. Well, WE are competent and confident enough to address what the Tories created then ran away from.

We are bitterly disappointed that the party of law and order has reduced criminal justice to disorder and lawlessness. People now have little faith in the system to keep them safe. This is fully a result of Conservative neglect. They chose not to deal with the prison population. They produced a plan to build new prisons, then failed to implement it. And in winning your votes, it is now left to us to pick up the pieces.

These are the difficult decisions, decisions no government should be put in the position of having to make. We are going to have to continue the Tory plans to release more prisoners early, and delay sending some people to prison from court.

I can understand how this will be shocking. People sentenced to prison should go to prison, and those in prison should serve their sentences. That we cannot now guarantee to do that shows the deplorable state of the system the Tories have left us all.

We will make every effort to ensure that the prisoners we release will be low risk. These will NOT be violent or sexual offenders. We are determined to use the space we have in prison to protect you as best we can.

The prisoners we release will be low risk, non violent criminals. Nevertheless, there is a chance that something will go wrong, that one of them will cause significant harm. We will use every lever in our power to prevent this. But we must also face this sad reality.

This decision will be condemned by some. And these are not decisions we would ever make in any other circumstances. We can only apologise that we are in this position and stress that it is not one we created. This mess was a Tory creation, but now our problem as a society to deal with.

This scandalous situation highlights many problems. But it also provides opportunities. We could just keep building ever more prisons, with each cell costing tens of thousands to build, and each prisoner in them costs 40 thousand pounds a year. And what do we get for this huge investment of your taxes? A shocking rate of reoffending.

We don't believe that this is good enough. You deserve better outcomes for your money. We need to reduce crime effectively. And prison isn't delivering what we need.

We are going to use this Tory created crisis to examine every part of our criminal justice system. Every nook and cranny. And we are determined to make it better. And I dont mean merely making the current system more efficient. The present system fails to cut crime. We must look at every avenue, every idea, every nation, to discover ways where we CAN cut crime, not merely recycle criminals endlessly through prisons.

This period of crisis is the best time to have a national conversation on crime and punishment.

I need your help to do this. I need your support and your patience while we carefully examine all the options. No government has had the courage to do this in decades. Now we have been led into crisis by the last government, it is time to face hard realities and search for affective solutions.

Crime is a blight on society. It causes huge harm to those effected. Let us use this moment to determine the future of an effective criminal justice system.

Thank you.