There Certainly Is A Two-Tier Justice System In The UK

Recently, some have complained about the treatment of far-right anti-immigration demonstrators and how they were treated by the criminal justice system. Some have even complained about the treatment of farmers. These people have concluded that the UK has a two-tier system of justice. They are not wrong. The issue, though, is ‘Why has it taken them so long to notice?’. The following exposes just a microcosm of the unfairness many have had to endure within our so-called criminal ‘justice’ system.

How Social Class, Ethnicity, and Gender Create a Two-Tier Justice System in the UK

The UK justice system, while purportedly impartial, often reflects the deep-seated inequalities that pervade society. Social class, ethnicity, and gender significantly influence legal outcomes, with marginalised groups frequently receiving harsher sentences and facing systemic disadvantages.

The Role of Social Class in Judicial Outcomes

Historically, the justice system has favoured the wealthy and well-connected. Those from privileged backgrounds are more likely to access top legal representation, mitigating the severity of their sentences. A stark example is the case of Lord Brocket in 1996, who was sentenced to just five years for a multimillion-pound insurance fraud but served only two and a half years. In contrast, working-class individuals committing financial crimes, such as benefit fraud, often face disproportionately harsh sentences. For instance, in 2017, a single mother, Teresa Harding, was sentenced to 18 months in prison for falsely claiming £39,000 in benefits, a fraction of the sums involved in white-collar crimes.

The treatment of rioters further highlights class disparities. Following the 2011 London riots, many working-class individuals received severe custodial sentences for minor offences. Nicholas Robinson, for example, was given six months in prison for stealing a bottle of water, demonstrating the harshness imposed on the lower classes compared to the leniency often granted to affluent offenders. Similar cases include:

• Jordan Blackshaw and Perry Sutcliffe-Keenan (2011) were sentenced to four years for attempting to incite riots on Facebook, despite no evidence of actual violence.
• Chloe Smith (2011) was sentenced to eight months for stealing two televisions during the riots, while white-collar criminals often receive suspended sentences for far more damaging financial frauds.
• Charlie Gilmour (2010)—the son of Pink Floyd guitarist David Gilmour—was sentenced to 16 months for violent disorder during student protests, yet many other working-class protestors received even harsher sentences for similar actions.

Conversely, financial criminals from elite backgrounds often evade significant punishment. Examples include:

• Fred Goodwin (2008) – The former RBS chief was stripped of his knighthood after the financial crisis, but he faced no criminal charges for his role in economic devastation.
• Peter Clowes (1992) – Ran a fraudulent investment scheme worth £114 million and was sentenced to 10 years, but many saw this as lenient compared to sentencing for smaller frauds committed by lower-class offenders.
• Ernest Saunders (1990)—Convicted in the Guinness share-trading fraud, sentenced to five years but released after 10 months, citing a diagnosis of Alzheimer’s, a condition he later recovered from, raising serious concerns about the fairness of his release.

Ethnicity and Racial Bias in Sentencing

Ethnicity remains a crucial factor in the differential treatment within the UK’s legal system. Studies have consistently shown that Black and ethnic minority (BAME) individuals face harsher penalties than their white counterparts. A Ministry of Justice report in 2017 found that Black defendants were 53% more likely to be sent to prison for drug offences compared to white defendants convicted of similar crimes.

Notable cases that highlight racial disparities include:

• Stephen Lawrence murder case (1993) — The Macpherson Report (1999) labelled the Metropolitan Police as “institutionally racist” due to its failures in bringing the perpetrators to justice.
• Julian Cole (2013) — A Black man who was left paralysed after being restrained by police, with minimal legal consequences for the officers involved.
• Mark Duggan (2011) – His killing by police sparked the London riots. Despite serious concerns about police conduct, no officer was convicted.
• Joint Enterprise cases — This legal doctrine disproportionately affects young Black men. Cases include:
  • Jodie’s killing (2018) – Several Black teenagers were convicted under joint enterprise laws despite unclear evidence of their involvement.
  • The case of Alex Henry (2013) — jailed for life despite not physically committing murder, highlighting racial disparities in the use of joint enterprise.
• Christopher Alder (1998) — A Black former soldier who died in police custody, with no officer convicted despite clear evidence of negligence and racial abuse.
• Shukri Abdi (2019) – The death of the Somali schoolgirl raised concerns about institutional racism, as police failed to conduct a thorough investigation.

Gender Disparities in the Justice System

Women and men experience the legal system differently, though not always in predictable ways. Women are often given more lenient sentences for certain crimes, particularly non-violent offences, due to perceptions of vulnerability and caregiving responsibilities. However, when women deviate from traditional gender norms, such as in cases of violent crime, they are often punished more harshly than men.

Examples of gender-based disparities include:

• Emma Humphreys (1985) – Sentenced to life imprisonment for killing her abusive partner; her conviction was overturned in 1995 after a decade of campaigning.
• Sally Challen (2011) – Originally convicted of murder for killing her abusive husband but had her conviction reduced to manslaughter in 2019.
• Sarah Reed (2016) – A Black woman who suffered severe mental health issues and died in custody after being denied adequate care.
• Tracey Connelly (2009) – The mother of Baby P was sentenced to prison, yet the male figures involved received relatively less scrutiny and public vilification.
• Women who kill abusive partners – Research has shown that women who kill in self-defence or due to prolonged abuse (such as Kiranjit Ahluwalia, 1989) often face harsher sentences compared to men who kill out of jealousy or rage.
• Men in domestic abuse cases – Male victims of domestic abuse rarely receive legal recognition, and cases where men retaliate against abusive partners often result in severe sentences without the same public or legal sympathy afforded to female victims.
• Transgender inmates – Cases such as Tara Hudson (2015), a transgender woman placed in a male prison, highlight how gender identity can affect sentencing and prison conditions.

In summary, the UK justice system remains deeply influenced by social class, ethnicity, and gender. Wealth and privilege continue to shield individuals from harsh penalties, while racial minorities and working-class individuals face disproportionately severe sentences. Gender further complicates these dynamics, with women sometimes benefiting from leniency but also suffering from outdated perceptions of their roles in society. Numerous cases over the decades illustrate how deeply ingrained these biases are, making comprehensive reforms necessary to ensure that justice is truly blind and not determined by social background, race, or gender.

Oh, and the treatment of environmental protesters in which no violence was present:

The 'farmers' protest is a good time to remind people of the Just Stop Oil protestors who got 21 years, just for planning a protest.

Two tier justice indeed. pic.twitter.com/aNUN1Ngjy8

— BladeoftheSun (@BladeoftheS) February 13, 2025