We recently published a report exploring courtwatchers’ views of how defendants were treated in the magistrates’ court. CourtWatch London recruited 174 volunteers to observe magistrates’ courts across London. They noted many systemic barriers to a fair court process and to defendants being able to participate. Most defendants are relegated to a secure dock which physically separates them from the court and often prevents them from hearing what is going on. The language of the court often seems like double Dutch to those who speak English as a first language, and is even more incomprehensible to those whose English is not fluent and who don’t have an interpreter. All defendants who need an interpreter should be assigned one but sometimes aren’t. 

However, not all the issues observed by courtwatchers were systemic; many depended on individual conduct. The extent to which defendants and their family members are shown kindness and consideration is in the gift of individual judges, lawyers and court staff. While it may be hard for a magistrate to influence the system (e.g. whether an interpreter is correctly booked), they can and often do choose kindness. 

Judges and other court professionals often have to deal with challenging individuals. Defendants are stressed and anxious, and their frustration can lead them to breach court etiquette or to be abusive. But courtwatchers frequently saw even the most difficult defendants being treated with consideration. 

But they also observed defendants being treated as if they were just names on a list, or worse.

There is no reward for consideration nor comeback for rudeness. There is no feedback loop – no-one working in the court asks defendants whether they feel they have been treated fairly and had an opportunity to participate. While many other professions (e.g. social work) encourage asking for feedback and reflecting on it, that’s not the culture of courts. Judges are supposed to be independent and superior. Criticism of them is seen as undermining the institution. Court staff and lawyers also don’t want to get on the wrong side of judges: they wield so much power.

There are no clear routes for a member of the public to feed back on good or bad behaviour by any judge, lawyer or member of court staff. There are no posters indicating how to complain about or praise judges’ behaviour, no reflection space. A very brave and clued up member of the public might seek out how to put a formal complaint to the Judicial Conduct Investigations Office, but it’s a high bar and a very formal process.

Why are some judges, court staff and lawyers kind while others are brusque? Presumably some just have an occasional bad day, or are triggered by particular types of defendants. Some may be just kinder people. The CourtWatch project provides eyes on the court and courtwatchers highlighted that the treatment of defendants is far too variable. Defendants may have been accused of crime (and many will be convicted) but they deserve better.