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There has been a ‘significant’ rise in the number of defendants representing themselves in criminal courts, research has revealed.
The report, Justice denied? The experience of unrepresented defendants in the criminal courts, from charity Transform Justice, said that around 6% of defendants are unrepresented in the Crown court.
While there are no official figures for the number in the magistrates’ courts, magistrates and district judges interviewed had differing estimates of the proportion of unrepresented defendants, ranging from 15% to 40% for non-traffic cases, and all felt that numbers had recently increased.
The report said that the lack of data meant that unrepresented defendants in the magistrates’ courts are ‘invisible’ in policy terms, but had ‘an immense’ impact on court staff, judges and advocates.
Judges and lawyers suggested that unrepresented defendants are at a ‘disadvantage’ and one magistrate said ‘luck plays its part’ in the outcome, depending on the Bench and lawyers who dealt with them.
Respondents said that unrepresented defendants did not understand what they were charged with and pleaded guilty when they would have been advised not to.
Those accused often failed to call the right witnesses to back up their defence, or to call a prosecution witness to challenge their evidence, and their cross examination sometimes led to abuse of witnesses.
A few respondents felt that unrepresented defendants got relatively lenient sentences, because judges or juries felt sorry for them, but most advocates thought they got tougher sentences because they had ‘no idea how to mitigate’.
Transform Justice director Penelope Gibbs said: ‘Our system is not fit for DIY lawyers. We either need to provide people with legal advice or redesign the system to make it simpler.’
Meanwhile,speaking to BBC Radio 4’s consumer programme You and Yours, Bar Chairman Chantal-Aimée Doerries QC reiterated the warning that consumers need to be protected from ‘unregulated, uninsured and untrained’ McKenzie Friends who charge fees to help people in court.
There has been a ‘significant’ rise in the number of defendants representing themselves in criminal courts, research has revealed.
The report, Justice denied? The experience of unrepresented defendants in the criminal courts, from charity Transform Justice, said that around 6% of defendants are unrepresented in the Crown court.
While there are no official figures for the number in the magistrates’ courts, magistrates and district judges interviewed had differing estimates of the proportion of unrepresented defendants, ranging from 15% to 40% for non-traffic cases, and all felt that numbers had recently increased.
The report said that the lack of data meant that unrepresented defendants in the magistrates’ courts are ‘invisible’ in policy terms, but had ‘an immense’ impact on court staff, judges and advocates.
Judges and lawyers suggested that unrepresented defendants are at a ‘disadvantage’ and one magistrate said ‘luck plays its part’ in the outcome, depending on the Bench and lawyers who dealt with them.
Respondents said that unrepresented defendants did not understand what they were charged with and pleaded guilty when they would have been advised not to.
Those accused often failed to call the right witnesses to back up their defence, or to call a prosecution witness to challenge their evidence, and their cross examination sometimes led to abuse of witnesses.
A few respondents felt that unrepresented defendants got relatively lenient sentences, because judges or juries felt sorry for them, but most advocates thought they got tougher sentences because they had ‘no idea how to mitigate’.
Transform Justice director Penelope Gibbs said: ‘Our system is not fit for DIY lawyers. We either need to provide people with legal advice or redesign the system to make it simpler.’
Meanwhile,speaking to BBC Radio 4’s consumer programme You and Yours, Bar Chairman Chantal-Aimée Doerries QC reiterated the warning that consumers need to be protected from ‘unregulated, uninsured and untrained’ McKenzie Friends who charge fees to help people in court.
Far-ranging month for the Chair of the Bar
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
In this wide-ranging interview, Professor Jo Delahunty KC, Family Law KC of the Year, talks to Anthony Inglese CB about the values that shaped her, the moment she found her vocation and, in an intensely personal call to arms, why time is running out for the legal aid Bar
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Thomas Roe KC and Andrew O’Kola respond to an article by Dr Leonardo Raznovich (Counsel , October 2025) – ‘Privy Council colonialism? Piercing the constitutional veil’
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role
