A System in Crisis: The Abandonment of Justice and Rehabilitation

By Michael Thompson, Founder of the Falsely Accused Network

Father Brown's recent piece in Inside Time ("Don't look any further," 3rd February 2025 ) articulates what many of us at the Falsely Accused Network have been documenting for years: our criminal justice system has fundamentally lost its way, creating a crisis entirely of its own making.

The overcrowding of our prisons and the collapse of probation services aren't accidental outcomes but the predictable results of a system that has abandoned both its founding principles and its humanity. I'd like to expand on several critical points Father Brown raises, based on our extensive casework and advocacy.

The Erosion of "Innocent Until Proven Guilty"

Perhaps no principle is more sacred to justice than the presumption of innocence, yet in practice, this cornerstone has been steadily eroded. The shift from "you will be heard" to "you will be believed" sounds compassionate but has devastating consequences when applied uncritically in our courts.

At the Falsely Accused Network, we've supported hundreds of individuals facing allegations with no corroborating evidence. The Andrew Malkinson case mentioned by Father Brown is just one high-profile example among many. Mr Malkinson spent 17 years in prison before DNA evidence finally exonerated him – a tragedy that could have been prevented had the original investigation maintained proper evidentiary standards.

The Manipulation of Evidence

Our casework consistently reveals a troubling pattern where evidence that might exonerate the accused is systematically sidelined. Father Brown correctly identifies the "cherry-picking" approach to evidence that prioritises securing convictions over discovering truth.

We've documented numerous cases where digital evidence, witness statements, and even medical reports that contradict the prosecution narrative were either not disclosed to the defence or ruled inadmissible on dubious grounds. This isn't justice; it's a game where the rules are manipulated to ensure one side always loses.

The Risk-Aversion Epidemic

The probation service's fixation on risk assessment rather than rehabilitation represents a fundamental shift in purpose. Once tasked with helping individuals reintegrate into society, probation officers now function primarily as risk managers, with little capacity or incentive to support genuine rehabilitation.

The statistics speak volumes: minor technical breaches of licence conditions now account for approximately 40% of prison recalls, with many individuals returning to custody despite committing no new offence. This revolving door serves nobody – not the individuals trying to rebuild their lives, not the overcrowded prison system, and certainly not public safety in the long term.

The IPP Sentence: A Continuing Injustice

The Imprisonment for Public Protection (IPP) sentence remains one of the most egregious examples of systemic failure. Despite being abolished in 2012 and declared unlawful by both the Supreme Court and the European Court of Human Rights, thousands remain imprisoned under this sentence, often for far longer than their original crimes would have warranted.

The recommendation by the Justice Select Committee to re-sentence this population has been ignored by successive governments – a shameful abdication of responsibility that compounds the original injustice.

The Way Forward

Father Brown concludes his piece with a call for a return to honest justice, and I wholeheartedly agree. Based on our experience at the Falsely Accused Network, I would propose several concrete reforms:

1. Reform disclosure rules to ensure all evidence, including exculpatory evidence, is properly shared with the defence.

2. Implement a genuinely independent review of all IPP cases, with a presumption of re-sentencing to determinate terms.

3. Revise probation recall guidelines to focus on genuine public protection rather than technical violations.

4. Re-establish rehabilitation as the primary goal of both prison and probation services, with appropriate funding and resources.

5. Create stronger safeguards against conviction in cases without corroborating evidence.

Father Brown is right that mercy and second chances aren't weaknesses but signs of an admirable character. They're also, I would add, essential components of a justice system that truly serves society rather than merely punishing individuals.

The crisis in our justice system is indeed one of its own making. The solution must begin with honesty about these failures and a commitment to restore the principles that should guide true justice: fairness, proportionality, rehabilitation, and above all, the presumption of innocence.

Anyone who has been falsely accused of domestic abuse can contact us at email support@falselyaccusednetwork.co.uk or visit our website www.falselyaccusednetwork.co.uk/contact to arrange a free and confidential call.

Link for Inside time article by Father Brown (https://insidetime.org/mailbag/dont-look-any-further/?fbclid=IwY2xjawJPsQ1leHRuA2FlbQIxMQABHQ6qKQ3GIwnwVbWAhe_ZatOv6eBtwEk7cdF3aDi_jpTDiFuTQyIBUNt3JA_aem_t5h5I3i-m8DUd6VJWvyxQw)