Imagine being accused of a criminal offence, walking into court and facing a bench of magistrates without anyone by your side to explain the process, advise you on your options or speak on your behalf. 

The Justice Committee recently warned that rising levels of self-representation (defendants appearing without a lawyer) in the criminal courts are creating an “unacceptably high risk of miscarriages of justice.” The report estimates that almost half of defendants facing imprisonable summary offences could be appearing without a lawyer. Yet no one really knows how widespread the problem is, who is most affected, or why people don’t have a lawyer. The government does not publish reliable data on how many defendants in the magistrates’ court appear without legal representation.

The Justice Committee points to a link between restrictions on legal aid and rising self-representation. But we don’t know how much of the problem is caused by financial eligibility (the income threshold for legal aid in the magistrates’ court is just £22,325), difficulties finding a solicitor, confusion about the rules, or other factors. Without better evidence, it’s difficult to know what reforms would make the biggest difference.

CourtWatch, our mass court observation project, has already shed some much-needed light on this issue. Courtwatchers repeatedly raised concerns about defendants navigating the criminal justice system alone. They saw people struggling to understand legal procedure, unsure how to plead, and unable to present mitigation effectively. They worried that some defendants experienced poorer outcomes because they had no lawyer. One observer described an unrepresented defendant who was remanded into custody after the court concluded its “hands were tied” without a solicitor present to help arrange appropriate bail conditions. Another watched a confused defendant who wanted to change her guilty plea but appeared unable to communicate this effectively before being fined.

Defendants appeared without a lawyer in 23% of hearings observed by our courtwatchers. The picture elsewhere in England and Wales, where courts and legal aid firms are less concentrated than in London, may be considerably worse.

We’re now expanding CourtWatch across England and Wales, and we’re inviting anyone with an interest in justice to get involved. By observing hearings and recording what they see, volunteer courtwatchers can shine a light on what’s happening in our courts, and where they are falling short. 

We’ll be collecting evidence about how often defendants appear without representation, why, and what impact this has on both fairness, participation and outcomes. That evidence will help us make informed recommendations about legal aid, access to lawyers and wider court reform.

You don’t need legal qualifications or previous experience to become a courtwatcher. We provide training, support and a structured way of recording what you observe. All you need is curiosity, attention to detail and a commitment to improving justice.

If you’ve ever wondered what really happens in our courts, or want to contribute to evidence that could shape future reform, we’d love you to join us.

Sign up here to register your interest and receive details about upcoming CourtWatch training sessions, starting later this month. Help us build a clearer picture of the workings of the magistrates’ courts across England and Wales – and ensure that fewer people have to face justice alone.