UK Criminal Justice System Root and Branch Reform

  1. Overview.

The criminal justice system in the UK has been underfunded, poorly managed and largely ignored for many decades, as a result, it is failing on a daily basis to undertake the tasks it was created for. This is a large, complex and multifaceted machine that cannot be changed overnight. We would propose a 10-year period to undertake the necessary changes, ensure the correct funding, training and resource allocation so that the system can deliver on its goals, present an impartial and professional face to the world and recover the lost public trust, which is required for it to succeed.

We acknowledge that some of these proposed changes may be uncomfortable for some, especially those with vested interests, the needs of the nation outweigh personal feelings. Those who break the law are still citizens, they are still human beings, and they still deserve to be treated with a reasonable level of dignity.

If a society is going to hold its citizens to account and then impose punishments on them, then the frameworks and systems must be above reproach, be ethical and grounded in rehabilitation not punitive punishment.

Foundational Principles

  1. Incarceration is a deprivation of freedom, not a deprivation of dignity, human rights, or humanity.
  2. Incarceration should only be used where the defendant presents a real and present danger to an individual, a group or society as a whole. This shall be determined by the sentencing Judge and based on.
    • The Offence
    • Offender History
    • Offender Psychological Reports (mandatory)
    • Probation Service report on home/private life
    • Physical health of the offender
    • Mental Health of the offender (Secure mental health facility shall be an option open to Courts)
    • Rehabilitation, education, and reintegration into society must be the primary goals of incarceration.
  3. Justice systems must be transparent, accountable, and free from corruption.
  4. The legal profession must serve the people, not itself.
  5. Public trust, fairness, and efficiency must underpin all criminal justice processes.
  6. Review of all types of offences to distinguish between and review all indictable offences to manage workflow more efficiently.
  7. Indictable Offences shall be removed from magistrates’ courts and shall only be managed by Crown Courts. via district Judges.
  8. All such indictments must present all evidence at the initial hearing where it can be challenged for probable cause and robustness. The judge will have the power to dismiss charges where the correct procedures or level of evidence does not meet required standards.

Sentencing Framework

  1. Any individual convicted of an offence warranting imprisonment shall be sentenced to a minimum of five years.
  2. Lesser offences, those that are “nonindictable”, shall only be dealt with in Magistrates’ courts, and shall receive structured probationary sentences, with detailed rehabilitation plans.
    • All persons receiving non-custodial sentences shall still face punitive sanctions that shall include.
    • GPS Tagging for a period specified by the sentencing court
    • Probation service management and oversight for a period specified by the sentencing court.
    • Mandatory training where life skills are a determining factor in criminality.
    • Mandatory mental health counselling
    • Travel restrictions
    • Community work orders

Intake and Assessment

  1. Upon entry to prison, every individual shall undergo:
    • IQ Testing,
    • Educational assessment,
    • Drug and alcohol risk evaluation,
    • Psychological evaluation.
  2. Assessments will create a personal development plan to guide rehabilitation during incarceration.

Education and Work Allocation

  1. Prisoners with low IQ, learning difficulties, or low educational attainment will undertake mandatory education.
  2. Prisoners with GCSE-level education or higher, and no substance misuse issues, will be assigned to work matching their skills.

Prisoner Employment and Earnings

  1. Prisoners shall be paid fair market wages for work undertaken.
  2. Mandatory deductions:
    • 50% to immediate family or savings,
    • 40% to cover incarceration costs,
    • 10% for personal prison account use.

Prison Infrastructure

  1. Secure, self-contained prison towns.
  2. Individual dormitory rooms.
  3. Manufacturing, service, retail, education, and vocational facilities within each complex.

Practical Life Skills and Further Education

Courses to be offered in:

  • Budgeting,
  • Managing personal affairs,
  • Vocational trades,
  • Interview skills,
  • Curriculum Vitae development.

Pre-Release Support and Reintegration

  1. Pre-release support begins 12 months before formal release.
  2. Transition to monitored reintegration housing outside the prison perimeter.
  3. Mandatory employment or education participation.
  4. GPS ankle bracelet monitoring and random checks.
  5. Post-release supervision for 12 months with assigned Probation Managers.

Specialised Facility for Police and Prison Officers

  1. National prison exclusively for convicted police and prison officers.
  2. Equal regime to standard prisoners, but safer environment.

Whistleblowing and Oversight Mechanisms

  1. 100% anonymous whistleblowing system for police and prison staff.
  2. Investigations by an independent National Investigations Agency.
  3. Mandatory cautioning for all staff under investigation.
  4. Criminal liability for senior officers failing to act on misconduct.

Structured Release and Monitoring System

  1. Years 0-3: Full incarceration with education or work.
  2. Year 3: Transition to pre-release housing under strict monitoring.
  3. Year 4: Probationary release to external accommodation.
  4. Year 5: Full sentence completion and restoration of liberties.

Youth Offender Military Academy Programme (YOMAP)

  1. Mandatory military operated academy placement for young offenders aged 12-23.
  2. 12-month minimum placement focused on education, discipline, life skills, and voluntary military career exposure.
  3. Specialist support for learning and emotional difficulties.

Prosecution and Defence Reform

  1. Abolition of the Crown Prosecution Service. (CPS)
  2. Creation of a State Prosecutor’s Office (SPO) and Public Defender’s Office (PDO).
  3. Equal pay, professional standards, and independence for prosecutors and defenders.
  4. Both offices protected from political interference.

Court System Reform

  1. Abolition of lay magistrates; all courts staffed by qualified District Judges.
  2. Court hours extended to 08:00hrs to 20:00hrs, Monday to Saturday.
  3. Removal of wigs and archaic robes.
  4. Judges selected for impartiality, competence, and integrity.
  5. Judicial conduct modelled after exemplars such as Judge David Fleischer.

Legal Profession Reform

  1. Create a more unified legal profession – defined distinction between solicitors and barristers.
    • Solicitors shall be restricted to civil and non-criminal advisory roles and may not conduct advocacy in Crown Courts.
    • Barristers shall be made direct access, no need for defendants to have both solicitors and barristers.
    • Barristers shall operate in all criminal trials, regardless of court.
    • Paralegals may not be used as a substitute for a professional solicitor or barrister when a defendant seeks legal advice.
    • Single, state-regulated qualification pathway.
    • End of elitism and expansion of access based on merit.
  2. Legal fees to be transparent and regulated for standard services.

Legal Education and Professional Grading System

Graduated career structure for legal professionals:

    1. Grade 1: Entry level legal practice, Minimum standard to work as a junior paralegal.
    2. Grade 2: Level required to work as a lead/senior paralegal.
    3. Grade 3: Required to work as a junior solicitor.
    4. Grade 4: Required to work as qualified solicitor.
    5. Grade 5: Required to work as a supervising solicitor.
    6. Grade 6: Required to operate a law firm and employ other legal professionals.
    7. Grade 7+: Complex criminal, family and constitutional law practice.

Note: Those wishing to undertake Criminal, Family or complex financial work need to complete Grades 1, 4 & 5 before undertaking training for levels 7 and above.

    1. Grade 11+: Eligibility for Judgeship with a minimum of 10 years practical experience and formal qualification.

Note: Those wishing to undertake Grade 11 training shall be required to be qualified to a minimum of Grade 6 (for non criminal cases) and Level 9 for Criminal cases.

  1. Continuous professional development mandatory.
  2. Judicial training and integrity requirements.
  3. Clear pathway for solicitors or barristers to undertake training to allow them to apply for Judicial roles.

Oversight

Legislation shall be laid before Parliament to create a new Judicial and legal standards oversight agency (JLSA) whose purpose shall be to ensure the highest possible standards within both the legal profession and the criminal justice system. The JLSA shall also license solicitors, barristers and appoint judges. Allowing the industry (legal) to self-regulate does not provide proper and effective oversight

Strategic Objectives

  1. Restore public trust through transparency, fairness, and competence.
  2. Break elitism and create true access to justice for all citizens.
  3. Protect society by rehabilitating, not warehousing, offenders.
  4. Build a legal and judicial system serving the public, not professional self-interest.
  5. Deliver fast, fair, and modern justice for all.

This master document forms the working draft for a complete overhaul of the United Kingdom’s Criminal Justice System. Further detailed expansions, operational policies, legislative frameworks, and cost analyses will be developed in subsequent stages.