More training for judges and magistrates and appraisals for judicial holders will help to improve defendants’ experience in courts, Transform Justice has said.
The organisation, which seeks to create a fairer and more open justice system, used the findings of its CourtWatch London project to draw up recommendations in how to strengthen participation with defendants, good treatment and fairness in court practice.
In a foreword to Due dignity: how are defendants treated in London magistrates’ courts?, Jessica Jacobson, professor of criminal justice at Birkbeck, University of London, said: ‘We have…seen how respectful, humane treatment can make a profound difference to people’s experience of justice. We have noted that seemingly small acts of kindness and attention can significantly enhance the sense of being supported and included; and, conversely, that professionals’ dismissive or thoughtless behaviour can be deeply damaging.’
A total of 174 courtwatchers observed more than 2,300 hearings heard by magistrates and district judges sitting in magistrates’ courts across London from February to July 2025. Most hearings observed were not trials, the report noted.
In relation to respect shown to a defendant, courtwatchers ‘saw compassion in small acts, and in practical steps to accommodate defendants’ lives and circumstances’.
‘Magistrates and judges ranged from rude and condescending to courteous and compassionate. This indicates little consistency in the treatment defendants can expect to receive,’ the report said.
‘Judges and court professionals do not consistently treat defendants with respect, nor support them to understand and participate in their court hearings. Guidance and training for magistrates and judges should cover tone and treatment of defendants, including advice to keep defendants posted about delays.’
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Courtwatchers also reported on the behaviour of others in court ‘which they felt showed a lack of respect or professionalism’.
‘Most shocking to courtwatchers were the tone and volume of the discussions that sometimes took place while the magistrates or judge left the room to deliberate (and the defendant remained in the courtroom),’ the report said.
‘Courtwatchers observed other behaviour which they felt showed a lack of respect or professionalism. This included: court staff laughing or not being serious during proceedings, side conversations while the hearing was in progress, and negative remarks about members of the judiciary.’
Recommendations include compulsory training on how to support effective participation as well as 360° appraisals ‘and/or more regular observation of practice by judges/magistrates from a different court’.
Around a quarter of defendants in the cases observed did not speak English as a first language, with some 10% of the hearings observed involving a defendant who required an interpreter ‘in the courtwatcher’s judgment’. An interpreter was provided in less than half of those cases, the report added. ‘Family members tried to fulfil the role of interpreter for defendants who needed one. This goes against CPS guidance. Some courtwatchers condoned this approach as a pragmatic solution, but others felt it was not appropriate.’
Other recommendations included giving judges training in how to assess a defendant’s language comprehension as well as training judges, court staff and lawyers to ‘support unrepresented defendants to understand proceedings and to access their legal rights’; limiting the use of video links for defendant, and stopping use of video links for defendants in police custody.
In 500 (23%) of the hearings observed, a defendant did not have legal representation. In 66 of those hearings, proceedings were adjourned for the defendant to find and consult with a lawyer.
Courtwatchers also reported on being unable to hear what was going on in court which Transform Justice described as ‘particularly disappointing’ as courtwatchers had reported this as a problem in 2023 and ‘HMCTS committed to improve audibility at that time’.
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