thread on unrepresented defendants in the Crown Court. Why was the government so opposed to publish report (which for many months only I externally knew existed)? Think because it implies that unrepresented defs do not get a fair trial & legal aid threshold not cost-effective
Pity so little research on unrepresented defendants. No data collection on numbers in mags & no research with defendants. No data on how many trials in Crown involve unrepresented defendants
Previously narrative that all unrepresented defs in Crown Court were the "awkward squad" -rejecting a lawyer because thought could do job better. But this research & other evidence suggests that some faced with high contributions/with paying private fees feel can't afford advice
Interviewees for gov inc Crown Court judges had concerns about how well unrepresented defendants could cope with process as “not properly qualified to put their case forward”
"CPS interviewees went further by highlighting issues such as unrepresented defendants not understanding how to present evidence about their case at hearings, how to prepare defence statements, or how to ask questions in court".
If unrepresented defendants can't cope with basics of criminal process surely this jeopardises fair trial rights? Report avoids saying this, but strong hints “Other interviewees felt a higher proportion of guilty verdicts resulted from the unrepresented defendants’ cases”
Also strong hints that unrepresented defendants cost much more in longer processes than they save in legal aid - more and longer hearings. Interesting suggestion by report's author for "employing legal representatives on an ad hoc basis".
Witnesses suffer too. In cross examining “interviewees gave examples of defendants being aggressive, rude & asking unnecessary questions”. Unrepresented defs cld waste witnesses time by calling “witnesses to trial unnecessarily as they did not understand who should give evidence”
The sad thing is that we are two years down the line & none of the sensible suggestions made in this report or in our report on unrepresented defendants in the mags transformjustice.org.uk/wp-content/upl… have been seriously followed up
things as simple as giving unrepresented defendants a leaflet about their choices and the process
If we don't pay lawyers more fairly & reform legal aid for defendants we will have more unrepresented defendants in all criminal courts & more miscarriages of justice
One reason why report has sat on a shelf in the MoJ is tht digital court reform has taken over but there is evidence that will prejudice unrepresented defs. Our research into video hearings:74% respondents felt video link had negative impact on participation of unrepresented defs
My blog on is here linkedin.com/pulse/awkward-… & report itself here transformjustice.org.uk/wp-content/upl… lets discuss
