Crime and the Law in the UK

Causes and theories of crime

• Read through Mr Campbell's course PowerPoint presentation for this heading.

To what extent is poverty the main cause of crime in Scotland?

Poverty creates conditions that make it more likely for someone to commit certain crimes. The wider impact of poverty on someone’s life experiences can be vast. When we describe a group of people from poorer backgrounds we often use the term ‘disadvantaged’ and this relates to education, housing, social exclusion and even self-esteem.  Although there is no direct link between poverty and crime, there are trends which would suggest some sort of relationship. For example, the 2019/20 Scottish Crime and Justice Survey found that 16.5% of adults in the 15% most deprived communities experienced crime, compared to 11.2% across Scotland. The Scottish Index of Multiple Deprivation 2020 showed that Dundee City and Glasgow City were amongst the most deprived councils with Dundee city having the most crimes per 10,000 with 688 and Glasgow City 2nd with 682. This shows that victims of crime tend to be from poorer areas, and that crime tends to occur in council areas with higher rates of poverty.

To what extent can alcohol and drugs be cited as a cause of crime in Scotland?

Alcohol and drugs can impact a person’s behaviour. This may be due to addiction, desperation or through reaction. Alcohol and drugs can impair a person's decision making, making them more likely to be aggressive or react in a violent way. A person's addiction to alcohol and/or drugs could also cause crime, such as shoplifting, if they are desperate to pay for what they need to fuel their addiction. For example, 45% of respondents to the 2019 Scottish Prison Survey said they were under the influence of drugs at the time of their offence. 16% said they committed their offence to get money for drugs. 40% of respondents said they were under the influence of alcohol at the time of their offence. At the same time, the Scottish Crime and Justice Survey suggests that in 2019/20, offenders were under the influence of alcohol and/or drugs in 55% of violent incidents. Meanwhile, Scottish Government statistics suggest that 62% of those accused in 2020-21 homicide cases were under the influence of alcohol and/or drugs at the time of the murder.

To what extent can education, or a lack thereof, be blamed for causing crime?

A lack of education means that a person potentially has limited opportunities for socio-economic advancement in the future, limiting their earning potentials, and potentially pushing them towards crime. For example, according to the Prisoner Learning Alliance, 47% of those entering prison in England and Wales have no prior qualifications. Meanwhile, the Edinburgh Study of Youth Transitions and Crime found that pupils excluded from school at 12 are four times as likely as other children to be jailed as adults. In 2020, the Prisoner Learning Alliance reported that nearly two-thirds of prisoners in England and Wales truanted from school, 42% were expelled or excluded, supporting the Edinburgh Study of Youth Transitions and Crime. However, pupils from the most deprived areas are more likely to have additional support needs, to leave school as a NEET (not in education, employment or training), and to have lower levels of attainment than those from better-off areas, suggesting poverty is a more significant factor, not least because exclusion rates are higher in local authorities with multiple levels of deprivation. For example, Scottish Government figures show there were 8,323 school exclusions in 2020/21. Of those excluded, 36% were from the most deprived areas of Scotland and 70% had Additional Support Needs (ASN).

What are biological/ physiological causes/ theories of crime?

Sex is one physiological factor which increase peoples' likelihood to commit crime. Peoples’ sex can influence their likelihood to commit crime because biological reasons. For instance, testosterone – which is often found in greater amounts in men – has been shown to make some men more prone to violence. For example, 83% of people convicted of a crime in Scotland in 2019-20 were male, with 92.7% of arrivals at Scottish prisons male that year.

Brain injuries is another physiological factor we could consider as a cause of crime. Brain injuries or damage can limit or change how peoples’ brains work. This could impair peoples’ ability to make good decisions, and could therefore lead them to poor decisions, such as committing crime. 2023 research by the University of Glasgow supports such a link. The study found 80% of male prisoners in HM YOI Polmont had a significant brain injury.

Mental ill health is another physiological factor to look at when considering causes of crime. Mental ill health, particularly if untreated or not managed, can make people more likely to make poor decisions or be more likely to be taken advantage off by other people, because they are vulnerable. According to the Mental Welfare Commission, 76% of people reported a history of mental ill health during screening upon arrival at Scottish prisons.

Genetics are also considered to be a physiological factor, with international evidence into the so-called 'warrior gene' suggesting our genetics can make use predisposed to violent and risk-taking behaviours. 

The story of the warrior gene starts in 1978, when a woman walked into a hospital in the Netherlands, and not because she was worried about herself, but because she was worried about her family. All the men in the family had a history of violent crimes. There were murders, there were rapes, going back generations. Researchers started gathering DNA samples from the members of her family, and they discovered that all the men who had this history of very violent crime, they had the same genetic change in a gene called MAOA, or monoamine oxidase A, that completely knocked out the function of the gene, it wasn't working at all.

We all have two copies of this 'warrior gene'. It makes a molecule in your brain that breaks down a chemical called serotonin. This is a neurotransmitter, it sends signals between the cells in your brain, and affects your behaviour. So, if this gene isn't working as well as it could do, it's thought that perhaps it makes you more impulsive, it makes it harder to control urges.

The Dutch study was the first time that this gene, MAOA, had been linked to violent behaviour, but then a study in New Zealand took this further. The Dunedin study followed 1,000 New Zealanders for decades, looking for connections between childhood experiences and violent behaviour later in life. They found that having a variation that just lowers the level of activity of this gene, not knocks it out completely, but just lowers the activity, was associated with a history of violence. But curiously, mostly only in people who also had a very difficult childhood as well. That caught the eye of researchers in Finland working with prisoners in a very high security prison. 

They collected a cohort of around 800 prisoners, about two-thirds of whom had conducted at least one violent crime. A little bit more than 10% or 15% had committed at least 10 violent crimes, murders, attempted murders, manslaughters. What they found was that if an individual had two or more violent crimes then he or she had significantly more of the low activity MAOA.

When it comes to crime, what do 'nurture' and 'nature' mean?

Nature is the argument that a person’s genetics/ biology/ physiology can make them more likely to commit crime. Factors such as sex, brain injuries, and mental ill-health fall into this category. Nurture is the argument that a person’s social environment can make them more likely to commit crime. Factors such as upbringing, poverty and cost of living can fall into this category.

Impact of crime on victims, offenders and their families

• Read through Mr Campbell's course PowerPoint presentations for this heading.

How can victims be impacted by crime?

Victims are impacted by crime in several ways, although each victim is different, and the extent of these impacts will differ depending on the context of the crime. For instance, victims of crime could incur financial loss through crime, such as needing private healthcare treatment such as counselling as a result of a violent crime, or paying off insurance costs as a result of a burglary. For instance, the Crime Survey for England and Wales suggests that around 5 working hours are lost, on average, by victims of violent crime which left an injury taking time off work. 138 hours are lost by rape victims. As a consequence, victims who require time off work will lose out financially. Then, there are the mental health consequences. Victims of crime might find themselves struggling with conditions such as anxiety, depression or Post Traumatic Stress Disorder (PTSD) for years after their victimisation. Evidence to support this comes from a 2016 study of crime victims in Sheffield which found that 86% experienced at least one psychological or behavioural impact, including stress, sleeping difficulties, loss of confidence, and depression. More recently, the 2019/20 Scottish Crime and Justice Survey found that 88% of violent crime victims experienced emotional impacts as a result of their ordeal. Finally, there are social consequences associated with being victimised. Some people might feel the need to isolate from others either through fear or shame given their experiences. Such isolation will particularly affect those who are already the most vulnerable in our society. For example, according to the British Crime Survey, 39.8% of people with a limiting disability or illness suffered anxiety/ panic attacks after being a victim of a hate crime, compared to 1.2% of people with no disabilities or illnesses who were victims of a hate crime.

How are offenders/ perpetrators affected by crime?

One consequence that crime has on perpetrators is that they might get a criminal record. Convictions or cautions take time before they’re ‘spent’. The Rehabilitation of Offenders Act 1974 says that eligible convictions or cautions become ‘spent’ after a specified period of time, known as the ‘rehabilitation period’. During this period, offenders must report their criminal record when applying for education and employment. For example, offenders who were imprisoned for more than 4 years must always declare their conviction - their conviction is never 'spent'. As a consequence, offenders' life chances are limited, which might encourage them to re-offend. Figures suggest that only 26.5% of prisoners released in England and Wales enter employment on release, indicating that employers might not be willing to hire ex-offenders, potentially worsening rates of re-offending. The declaration of unspent convictions extends beyond job vacancies though, and applies to many university courses, so this has a particularly negative effect on young offenders who may be attempting to improve their life chances by applying to university. Travel to and from other countries can also be affected. The USA and Australia have particularly robust visa application procedures and if an applicant has a criminal record, it is likely that he or she will be denied access.  Mortgage and insurance applications often require people to detail any previous convictions and, again, this can result in rejection or increased costs. Offenders, particularly when they're imprisoned, are also affected by what has been termed 'prisonisation'. 2016 research published in The British Journal of Criminology reported that, “long-term imprisonment has a deep and profound impact on the prisoner”. The prisoners involved with the study described a process of “emotional numbing”, leading to worsening mental health, a reduced impact of rehabilitation programmes, and a potentially negative situation. For example, figures show there were 762 self-harm incidents in Scottish prisons 2018, compared with 532 in the previous year - a jump of 43%.

What are the consequences of crime on offenders' families?

One consequence of crime on the families of offenders is social isolation. Having a relative in prison can embarrass some people, and lead to mental health problems such as anxiety, depression, and stress, particularly if they wish to 'cover up' what has happened. This could lead them to lose touch with family and friends, either intentionally or disagreements. For example, survey results published by the Prison Advice and Care Trust (Pact) show that 70% of families affected by imprisonment have lost relationships with friends and family. Another consequence of crime on the families of offenders is the financial burden criminality entails. Having a relative in prison can mean that not only is the household income lower, but that there might be costs associated with supporting their relative(s) while in prison, including the cost(s) of supporting their relative in prison and paying for visits. For example, survey results published by the Prison Advice and Care Trust (Pact) show that over half of families affected by imprisonment find it difficult afford basics, such as food, heating, and clothing. Then, there are the mental health impacts these families bear. A 2023 survey by Prison Advice and Care Trust (PACT) found that 83% of family members of prisoners reported that their mental health was a lot worse or a little worse.

Social and economic impact of crime on wider society

• Read through Mr Campbell's course PowerPoint presentation for this heading.

How is society affected by crime?

Society is affected by crime, with one of the most significant costs being economically. Deterring and punishing crime is costly and diverts public money from other services. For instance, the Scottish Government’s budget for 2022-23 gave the justice system £3.1 billion, while the cost of each place in Scottish prisons has previously been estimated to cost £37,334. This is paid for from the public purse, meaning that more spending on criminal justice, such as courts, policing, and prisons, results in less money for other public services, such as education, housing and the NHS. At the same time, crime also impacts public services by 'clogging up' the system. For instance, there were 1,891 emergency admissions to Scottish hospitals because of assault in 2020/21. Not only does this increased admission rate increase the cost of healthcare spending, it also means there's less capacity in the NHS to support others in society. Crime also has a social impact on society. Crime tends to either bring people together to combat the issues (‘cohesion’) or leads to division, and furthers increasing socio-economic inequalities in an area given that areas with the highest rates of crime also tend to be amongst the poorest. However, how crime is dealt with can have wider social impacts. For instance, police stop and search has been heavily criticised by some who argue that the police stereotype groups and use stop and search in a discriminatory way, particularly against young black men, which leads to falling rates of trust in the police. YouGov polling supports this, finding that 61% of Black people don't trust London's Met Police, with the same percentage thinking the Met is institutionally racist. Crime can also leave some in society looking to bound over opportunities to fight crime. Office for National Statistics data says 25% of English and Welsh households are Neighbourhood Watch members, while vigilante groups have sprouted up in various UK towns and cities, such as Dark Justice, a vigilante group set up in 2014 to catch paedophiles in Newcastle.

What are the consequences of crime on communities?

Crime has several consequences on communities. One such consequence is the closure of businesses. Businesses in areas with high rates of crime might not be able to afford the higher costs, such as CCTV, security measures, and insurance - this will be particularly costly for smaller businesses. The 2021 Retail Crime Survey found that in 2019-20, the cost of retail crime and prevention of it cost £2.5 billion. As a result of these additional costs, businesses might need to put up the cost of goods and services, fire employees or close altogether. Lower house values is another impact which crime has on local communities. Areas with higher rates of crime tend to have lower home values because there is less demand for houses in that area. This makes it difficult for people to sell their homes, and traps people in debt. For example, the 2018 UK House Price Index showed that 83% of areas in England where reported crimes rose saw house values decrease. A further consequence of crime on communities affected is increased surveillance. Areas with higher rates of crime might be more likely to have CCTV installed and see a more regular police presence. This means that 'good', law abiding citizens are having to forego some of their right to privacy in order to deter would-be criminals. For example, the UK has an estimated 6 million CCTV cameras, with 2020 research finding London has the third highest number of CCTV cameras of any city in the world. Some people have previously referred to our country as 'Big Brother Britain', given the significant surveillance we appear to be under.

Effectiveness of custodial and non-custodial responses to crime

• Read through Mr Campbell's course PowerPoint presentations for this heading.

What are Community Payback Orders (CPOs) and how effective are they?

Community Payback Orders (CPOs) were introduced in Scotland in 2011 as an alternative to custody. As part of  CPO, individuals pay back to their communities for the damage caused by their offending - usually by carrying out unpaid work, but there are a number of potential requirements the offender can be made to follow - the court will decide what is most appropriate to address the offending and its causes. The requirements of a CPO can include: up to 300 hours unpaid work for the community, supervision whereby offenders work with a social worker to change offending behaviour, paying compensation to the victim(s), attending programmes such as those dealing with domestic abuse or sexual offences, and receiving treatments such as mental health, drug or alcohol. CPOs can be seen as effective owing to the work carried out benefiting both offenders and communities. For instance, n the year 2022-23, there were over 1.3 million hours of unpaid work carried out across Scotland. Since the inception of CPOs, over 10 million hours of unpaid work have been completed. As a consequence of unpaid work, offenders are developing skills which will hopefully prevent future re-offending. As well as this, communities are left with the results of the work offenders undertake, benefiting local areas which could otherwise be affected by crime. Another strength of CPOs is their relatively low cost. For instance, in 2016-17, the Scottish Government estimated that each CPO cost £1,894, compared to £37,334 per prisoner place. As a consequence of CPOs being significantly cheaper than prison, taxpayers are saved money, which can then be spent on other public services, as well as addressing the underlying causes of crime, such as poverty. However, CPOs can be seen by some as a form of soft justice - a punishment that doesn't really punish, and simply 'slaps' offenders on the wrist. For instance, 71% of CPOs were completed in 2023-24. As a consequence, some criminals are arguably getting away with their crimes, given that not all CPOs are completed. This could result in victims feeling a lack of justice, and criminals going unpunished effectively. Meanwhile, the reoffending rate for CPOs (28%) is higher than the Scottish average reoffending rate (27). This shows that CPOs have limited effectiveness given that they have a higher reoffending rate compared to the Scottish average, showing that people with a CPO are more likely to reoffend compared to people given other punishments, such as custodial sentences.

What are Drug Treatment and Testing Orders (DTTOs) and how effective are they?

Introduced in Scotland in 1998, Drug Treatment and Testing Orders (DTTOs) are issued by Sheriff Court or High Court judges. They are imposed by courts where someone's offending is clearly linked to their physical dependency on drugs or there is problematic drug misuse, with the orders lasting between 6 months to 3 years for individuals 16 or over. DTTOs imposed upon offenders includes requirements for regular reviews by the court and that the person consents to frequent random drug tests throughout the lifetime of the order. Orders are intensive, often involving multi agency input, with the supervising social worker acting as a case manager. The court regularly reviews the order to monitor progress. Regular drug testing is a key feature of the order. In 2023-24, there was 280 Orders imposed. 98% of those receiving one were unemployed or economically inactive. As a consequence of DTTOs, vulnerable people, such as those unemployed are given advice and support. This could help to prevent the person involved from further re-offending, given that the cause(s) of their offending will be getting tackled. DTTOs could also be seen as effective owing to their relatively cheap cost. For instance, Scottish Government statistics from 2016-17 suggest each DTTO cost £14,661, compared to £37,334 per prisoner place. As a consequence of DTTOs being significantly cheaper than prison, taxpayers are saved money, which can then be spent on other public services, as well as addressing the underlying causes of crime, such as poverty. However, the effectiveness of DTTOs can be questioned given that the reoffending rate is 57%, compared to the Scottish average reoffending rate of 27%. This shows that DTTOs have limited effectiveness given that they have a higher reoffending rate compared to the Scottish average, showing that people with a DTTO are more likely to reoffend compared to people given other punishments, such as custodial sentences. Some people also question whether DTTOs are merely soft justice, and fail to properly punish offenders for their criminal behaviour. For instance, in 2023-24, just 51% of Orders were successfully completed. As a consequence, some criminals are arguably getting away with their crimes, given that nearly half of all DTTOs are not completed. This could result in victims feeling a lack of justice, and criminals potentially reoffending.

What are Restriction of Liberty Orders (RLOs) and how effective are they?

Restriction of Liberty Orders (RLOs) have been available to Scottish courts since 2002. RLOs are imposed for periods of up to one year and often involve restricting an individual to a specified place for up to 12 hours per day and/or from a specified place for up to 24 hours. The restriction is often enforced through electronic monitoring (‘tagging’), with an electronic tag usually worn around an offender's ankle used to communicate with a home monitoring unit via a radio frequency signal. Such radio frequency (RF) technology is used to monitor around 1,000 people each day, in Scotland. The information that the tag sends to the home monitoring unit provides information about a person’s movements within an agreed location, with security company G4S providing the electronic monitoring service in Scotland, under Scottish Government contract. In 2023-24, 2,709 Orders were completed in Scotland. As a consequence of RLOs, victims could feel relieved at knowing where their perpetrator is, given that they are monitored and/or restricted to a particular location for certain times. Another strength of RLOs is their low cost, particularly when compared to custodial punishments. In 2016-17, the cost of electronic monitoring was £877 per offender, according to the Scottish Government - this compared to £37,334 per prisoner place. As a consequence of RLOs being significantly cheaper than prison, taxpayers are saved money, which can then be spent on other public services, as well as addressing the underlying causes of crime, such as poverty. However, some argue that RLOs are not effective given that the reoffending rate (33%) is higher than the average Scottish reoffending rate (27%). This shows that RLOs have limited effectiveness given that they have a higher reoffending rate compared to the Scottish average, showing that people with a CPO are more likely to reoffend compared to people given other punishments, such as custodial sentences. Another reason some see RLOs as ineffective is because critics label them as soft justice, with little repercussions for offenders, especially when their tag is breached. For instance, in 2015, Brian Ramsay cut off his tag and was free for two weeks. During that time, Ramsay violently assaulted Angus Gallagher. As a consequence, some criminals are arguably getting away with their crimes, given that some offenders cut off their tags, and are able to be at large, causing further harm to society. 

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