By Dr Evelyn Svingen, Assistant Professor in Criminology
School of Social Policy and Society, University of Birmingham
When justice is delayed, it isn’t just denied; it starts to unravel the trust that holds society together.
Right now, the UK’s criminal justice system is under serious pressure. Court backlogs are at record highs. Prisons are overcrowded. The parole system is struggling to keep up. In response, the government has proposed releasing some non-violent offenders early. Not because they’ve completed their sentence or no longer pose a risk, but simply because there’s no space to hold them.
On the surface, this might seem like a practical solution. And in some ways, it is. Releasing non-violent prisoners can be a sensible and humane response to overcrowding. But let’s be honest: we wouldn’t even be having this conversation if people trusted the system in the first place. The fact that we’re here at all — talking about early release because the courts are jammed, the prisons are full, and the parole board is overwhelmed — tells us something deeper is going wrong
It’s not just about who gets released. It’s about what they’re being released into. A system that’s already stretched thin. A public that’s losing confidence. There is a growing sense that justice isn’t working the way it should.
This isn’t just a policy problem. It’s a social and psychological one. In my book, Evolutionary Criminology and Cooperation, I explore how our sense of justice: our instinct to punish wrongdoing and reward fairness, isn’t just something we learn. It’s something we’ve evolved. Humans have relied on trust and cooperation for centuries to survive. And when those things break down, so does our willingness to play by the rules.
We don’t follow rules just because they’re written down. We follow them because we believe others will, too, and because we trust that if someone breaks the rules, there will be consequences. But justice isn’t only about consequences — it’s also about rehabilitation, restoration, and the belief that people can change when given the right support
This is the basis of what I call the Retribution and Reciprocity Model. It’s the idea that people are more likely to cooperate when they believe justice is fair, visible, and consistent. When that belief starts to fade — when justice is delayed or feels arbitrary — cooperation starts to break down.
That’s exactly what we’re seeing now. Victims are waiting years for trials. Defendants are stuck in limbo. And the public is watching all of this unfold with growing frustration. The message being sent, whether intentionally or not, is that the system can’t keep up. And when people start to believe that, they also start to question whether it’s worth following the rules at all.
The effects of this go far beyond the people currently caught up in the system. When justice feels slow or uncertain, it sends ripples through society. Victims may feel abandoned. Communities may feel unsafe. And people who might otherwise be law-abiding start to wonder if the system is really working for them.
This isn’t just theory. Research shows that when people think others are getting away with bad behaviour, they’re more likely to bend the rules themselves. Trust is contagious, but so is cynicism.
The government’s recent proposal to limit how long recalled prisoners can be held is a clear example of how stretched the system has become. These are people who’ve broken the terms of their release, often by missing curfews or failing to check in with probation officers. Normally, they’d wait for a parole board decision. But with the system so backed up, that process now takes months. So instead, they may be released after just 28 days.
Officials say this is necessary to avoid a total collapse. But victims’ advocates have warned that it leaves people feeling confused and unsafe. And it raises a bigger question: what happens to public trust when justice starts to feel like a numbers game?
Rebuilding What’s Broken
If we want to restore trust in the justice system, we need more than quick fixes. We need to show people that justice is still working, and that it works for everyone.
That means investing in more than just courts and prisons. It means supporting the whole system: parole boards, probation services, victim support, and community-based alternatives. It means making sure justice is not only done, but seen to be done, in a way that feels timely and fair.
And it means recognising that trust isn’t just a nice-to-have. It’s the foundation of everything else. Without it, cooperation breaks down. And when that happens, the whole system starts to wobble.
The current crisis in the criminal justice system is more than just a backlog. It’s a warning sign. It tells us that something fundamental is at risk, not just efficiency but the trust that makes society work.
Evolutionary criminology helps us understand why this matters. Justice isn’t just a legal principle. It’s something we’re wired to expect. And when we stop seeing it, we don’t just get frustrated. We start to pull away from the very norms and rules that hold us together.
This could be a turning point. If we take it seriously, we have a chance to rebuild something better. But if we ignore it, we risk losing more than just time—we risk losing trust.
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The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of the University of Birmingham.