*/
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.
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Leading legal DNA, drug, and alcohol testing provider AlphaBiolabs has made its first Giving Back charity draw of 2024 with Andrew Sibson, a Legal Officer at Leeds City Council, being chosen as its first winner
Discover Lloyd’s unique approach to financial planning and experience working with barristers
Trust Delaunay Wealth to stand by your side amid the uncertainties ahead, writes Lloyd French
Lighting fires that cast unfairness into the shadows, creating history at home and abroad, and being comfortable with who you are – the remarkable criminal and international human rights barrister Kirsty Brimelow KC
Marking International Women's Day, Will Tyler KC interviews two female silks at the helm of two huge specialist Bar associations about their lives and careers – finding a common theme both to their success and the challenges facing their respective Bars
No longer an exclusive boys’ club, but still some way to go. To mark International Women's Day, Millie Rai describes what it’s like being a young female barrister at the Commercial Chancery Bar
If we fail to nurture women’s collective talent, half the population of this country will not be properly represented – from the junior Criminal Bar right up to the senior Judiciary. We cannot let all the hard work be undone, says Tana Adkin KC on International Women's Day
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession