A Study Examining the Experiences of Unrepresented Defendants in the Criminal Courts

This thesis explores the experiences that unrepresented defendants have when appearing in magistrates’ courts in England and Wales. The majority of previous research done in the area is outdated (e.g. Dell 1971a, 1971b; Carlen 1976; McBarnet 1981). Twenty interviews were conducted with legal advisors, ushers, defence lawyers and judicial prosecutors. I also spent around 226 hours observing at two magistrates’ courts and a range of hearings were observed. Mostly qualitative data were collected in this research, though some quantitative data were also gathered. The findings from this study were compared with those from previous research and were considered in light of a number of theories and models (i.e. due process, crime control, human rights, liberal democratic, and procedural justice). Similar to other research (e.g. Transform Justice 2016), the main finding of this thesis is that unrepresented defendants tend to experience problems when self-representing at court and these problems are varied. This is not ameliorated by virtual hearings. However, it is not just those who self-represent who experience difficulties when it comes to court proceedings; those who are represented do too. All defendants generally struggle to engage and effectively participate in court proceedings (e.g. follow and understand what is taking place) – although this is particularly the case for those who are unrepresented and/or have additional support needs (e.g. a learning disability) and/or have never been to court before. Within this thesis, the meaning of effective participation, the reasons why it is important and the barriers that exist, which act to undermine defendants’ ability to effectively participate, are all discussed. A new theory – called defendant engagement – has also been developed. This theory draws upon the theories identified above and seeks to address issues around participation and proposes that defendants’ status within criminal courts needs to be re-examined.