The Wild West? Courtwatching in London Magistrates' Courts

By Fionnuala Ratcliffe and Penelope Gibbs

This report summarises findings from CourtWatch London, a mass court observation project where citizen volunteers observed magistrates’ court hearings and reported what they saw. From July to December 2023, a diverse group of 82 volunteer members of the public (courtwatchers) visited their local London magistrates’ courts armed with a booklet of observation forms and a small amount of training. Between them they observed over 1,100 hearings, reporting on the treatment of defendants, the decision-making of magistrates and district judges, and their experiences of attending magistrates’ court as a public observer. This report focuses on courtwatchers’ observations of the court process and the court’s decision-making. We have written separate reports on their experiences of being a public observer trying to access and understand the courts, and their reflections on how young adult defendants are treated. Our first report - “Why are you here?” Open justice in London magistrates’ courts - highlights how court watchers found it hard to comprehend the court system. Their observations suggested defendants were struggling too. People cannot have a fair trial without a clear understanding of what they are accused of, what is happening in court, and the implications of the court process. Our court watchers observed magistrates’ courts often falling short. Defendants were usually physically isolated from the rest of the courtroom in the secure dock, where it was all too easy to ignore them for the majority of the hearing. A significant minority of defendants appeared without a lawyer. Courtwatchers felt that unrepresented defendants were severely disadvantaged by their lack of legal advice, even though court staff and judges made efforts to explain things. Defendants who needed interpreters were some of the worst served by the court. And court watchers were alarmed to see hearings going ahead despite some defendants being unwell. Despite these concerns, courtwatchers felt judgments made were overall fair, reasoned and practical. They appreciated magistrates and judges who took the time to get to the bottom of things and to find the most productive solution for the individual in front of them. Court watchers were most frustrated by what seemed to them ineffective or counterproductive sanctions. This included fines and other court costs which had to be paid by people of severely limited means, or punitive sentences given to people with serious drug addiction or mental health problems which did nothing to address those issues. Our court watchers also felt some time was wasted on cases that should not have been in court at all. Court watchers usually agreed with the court’s decision to remand people, although their reports highlighted some examples where bail might have been more appropriate. A few court watchers picked up on inconsistencies in how defendants were dealt with which they saw as evidence of racial bias.  Court watchers were shocked by what they perceived to be the inefficiency of courts. They expected hearings to start on time and to run continuously throughout the day. They were concerned that the valuable time of the many professionals in the room was being wasted. It was hard for courtwatchers to work out why so little was happening since court staff and judges seldom explained the delays. As court watchers gained experience, they gradually discerned the reasons - prosecution and defense advocates who didn’t have the right information in advance, nor the time to prepare for hearings, defendants not turning up for their hearing (often through no fault of their own) and technology which didn’t work well. The fundamental flaw in our court system highlighted by court watchers - that many defendants don’t know what’s happening in the court and so can’t meaningfully participate in the process - needs urgent action. We need simpler court proceedings so the process is intelligible to a layperson, and legal aid is available for a wider range of circumstances. At the very least, we recommend introducing a support service for defendants, available in every magistrates’ court. The use of court fines should be reduced, particularly for people whose poverty was a contributing factor to their offence. Fines should be replaced with sentences which instead address the drivers of crime. To improve court efficiency, research should be commissioned to understand the main causes of court delays and how they might be addressed. Meanwhile, the number of cases listed could be reduced by discontinuing some very old ones and encouraging the police to offer more out of court resolutions for lower-level crimes. This project shows the power and potential of court watching in England and Wales. The commitment from our volunteers to observe and report on over 1,100 hearings shows that ordinary people are willing to give their time and energy to hold our courts accountable. Their reflections, which focused on access, fairness and effectiveness, bring a unique perspective to the scrutiny of our courts. The act of courtwatching itself changed how many of our volunteers viewed the justice system and those who get into trouble with the law. And it’s possible that courtwatcher presence played a small role in encouraging the courts they observed to be fairer and more compassionate towards those who are swept up in our justice system

London: Transform Justice, 2024.   55p.