By Gabriel Princewill-
A recent report from the advocacy group ‘Transform Justice’ has ignited a critical conversation about the treatment of defendants in London’s magistrates’ courts. The findings, compiled from observations by over 170 courtwatchers during a comprehensive study, reveal disturbing patterns of dismissive, rude, and sometimes outright condescending behaviour by judges and court staff. The report highlights the significant inconsistency in how defendants are treated, shedding light on an often-overlooked facet of the justice system: the human experience of those caught in its web.
Courtwatchers- independent observers tasked with monitoring the fairness and transparency of court proceedings- were granted access to 2,300 hearings between February and July 2025. Their observations paint a picture of a justice system in which defendants—many of whom are vulnerable, unrepresented, or do not speak English as their first language—are subjected to a wide range of disrespectful and dehumanizing conduct. This latest report, entitled Due Dignity: How Are Defendants Treated in London Magistrates’ Courts?, presents a stark contrast between the humane and respectful treatment some defendants receive and the dismissive, sometimes hostile treatment others endure. The report reveals that magistrates and judges ranged from being compassionate and courteous to rude and condescending, highlighting a lack of consistency that can significantly impact defendants’ experiences.
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Transform Justice has long advocated for a fairer and more transparent criminal justice system, and their report brings to the forefront critical issues surrounding the treatment of defendants—issues that can ultimately affect the outcomes of trials and the integrity of the justice system itself. As the organization outlines, the need for better training, regular appraisals, and a focus on compassion and respect is paramount. If enacted, the report’s recommendations could offer a framework for reforming the court system to ensure a more consistent, fair, and dignified experience for all those involved.
Writing for courtwatchers, Jessica Jacobson, (pictured)Professor of Criminal Justice Birkbeck, University of London, decries the flagrant shortcomings of The British Criminal Justice System-particular, the Magistrates Court. Ms Jacobson says: ‘Courtwatchers were also critical of unprofessional behaviour in the courtroom, particularly banter or social chit-chat in breaks between hearings: observers saw court professionals discussing their weekends or gossiping about defendants in other cases. The experience professor criticised the fact that defendants are often silenced.
”Despite the central importance of effective participation, there are multiple aspects of everyday court practice that make it a struggle for defendants to participate actively in their
case.Participation implies not only understanding the process, but also making oneself heard. Yet defendants’ voices are frequently silenced’, she writes.
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The term “courtwatchers” refers to a growing group of independent observers who attend court hearings with the goal of monitoring the conduct of judges, magistrates, and other court personnel. These individuals are not legal professionals, but they are trained to observe and report on the fairness and transparency of judicial proceedings. Courtwatchers are an essential component of a movement aimed at holding the justice system accountable for its treatment of individuals, particularly defendants who may be vulnerable or disadvantaged.
Courtwatchers have often been the first line of defense in exposing systemic problems within the legal system, and their observations have been crucial in drawing attention to various forms of injustice. In the case of the recent Transform Justice report, the courtwatchers were tasked with assessing how defendants were treated during hearings in London’s magistrates’ courts. Their findings reveal that many judges and court staff showed a disturbing lack of professionalism, and their behavior was deemed “condescending” by some observers.
According to the report, one of the most shocking instances of unprofessional conduct occurred when judges and magistrates left the courtroom to deliberate while defendants remained inside. Courtwatchers noted that the tone and volume of the discussions that took place outside the courtroom were often inappropriate and disrespectful. These conversations were overheard by defendants and courtwatchers, revealing a lack of consideration for the emotional state of those awaiting a decision.
Moreover, other incidents cited by courtwatchers included court staff laughing, engaging in side conversations about the present or other cases, or making derogatory remarks about members of the judiciary. Such behaviour not only undermines the credibility of the court, but also exacerbates the emotional strain defendants are already under. For many of these individuals, their court hearing is a pivotal moment in their lives, and they are often already in a vulnerable state when entering the courtroom. The dismissive or thoughtless actions of court professionals, as highlighted by the courtwatchers, make a profound difference in the way defendants experience the justice system.
Courtwatchers concluded that some magistrates and judges were simply more empathetic to defendants than others. They also observed magistrates and judges taking a paternalistic tone,
which they didn’t always feel was appropriate, and several being overly abrupt, stern or unkind.
”He was then told to appear on 5th June, the defendant genuinely got worried because he had unpaid work on that day. Instead of reassuring him, the magistrate dismissed his concerns by saying that going to court takes priority over his other commitments. I thought that was a bit harsh.”
“The magistrate looked disapprovingly at the defendant, shaking his head and wagging his finger at him, which came across as very condescending and unprofessional to me.”
“The magistrate was very patronising and dismissive – speaking to the defendant with his eyes closed then rolling his eyes a bit, leaning back in his chair, sighing lots, speaking over
the defendant, not explaining things properly.”
“This made me really sad. He was clearly desperate and in need… was about to be evicted, chronic alcoholic. When he left, the court were saying things like ‘another happy
customer, he’ll be back soon’ etc.” (Homeless person fined for criminal damage to a library computer screen and possession of cannabis)
“Some members of the court started having a conversation about another case that they had found unfair while the defendant was still in the dock, before his sentence had
been delivered. This must have given an incredibly poor impression of the court to the defendant, who was a first-time offender and only 19 years old.” “While the judge deliberated on her decision, the defence lawyer started chatting loudly with someone else in the court about his recent travels to China. His defendant was meanwhile freaking out in the dock, rocking back and forth and almost seeming to be
The Impact of Disrespect on Defendants’ Wellbeing
Transform Justice’s report is not merely a critique of individual behaviours but a call to address the broader implications these behaviours have on defendants’ experiences in the justice system. As noted in the foreword to the report, authored by Professor Jessica Jacobson of Birkbeck, seemingly small acts of kindness or disrespect can have a profound impact on a defendant’s emotional wellbeing and their ability to engage effectively in their case.
Professor Jacobson’s remarks resonate with the core message of the report. That respect, compassion, and clear communication can significantly enhance the justice system’s fairness, while dismissive attitudes can deeply harm individuals who may already be facing significant personal and social challenges. “Seemingly small acts of kindness and attention can significantly enhance the sense of being supported and included,” she writes. “Conversely, professionals’ dismissive or thoughtless behaviour can be deeply damaging.”
The treatment of defendants in court can influence not just their emotional and psychological state but their ability to participate meaningfully in their legal proceedings. The report notes that, for many defendants, especially those without legal representation, the experience of being treated with dignity can directly affect the fairness of their trial. When defendants are spoken to disrespectfully or excluded from important aspects of the process, their ability to understand the proceedings or make informed decisions is severely compromised.
The findings are especially concerning given that many defendants in the hearings observed were already at a disadvantage. The report found that a significant proportion of defendants—around 23%—were unrepresented by legal counsel. In many cases, the absence of legal representation meant that defendants struggled to fully understand the legal proceedings or to effectively present their case. This disparity in access to legal support creates a further layer of injustice, compounding the challenges faced by those already navigating a complex and often intimidating system.
One of the key recommendations of the Transform Justice report is the introduction of more comprehensive and regular training for magistrates and judges, particularly focusing on how to engage with defendants in a way that supports their participation in the proceedings. While many judges and magistrates undoubtedly do their best to ensure that proceedings are fair and respectful, the report’s findings suggest that there is room for significant improvement in how defendants are treated.
Training should not only focus on legal processes but also on the emotional and psychological needs of defendants. Judges and magistrates need to be equipped with the tools to engage with defendants respectfully, to ensure they are given adequate opportunity to understand the proceedings, and to avoid making the experience more distressing than it already is. This kind of training would encourage a culture of empathy and dignity in the courtroom, fostering better relationships between judges and defendants.
Additionally, the report calls for the introduction of 360-degree appraisals for judicial officers, or more frequent observations by peers or court professionals from different courts. This system would allow for better monitoring of judicial behaviour and ensure that misconduct, whether overt or subtle, is addressed in a timely and constructive manner. By introducing mechanisms for accountability, Transform Justice hopes to create a system in which judges and magistrates are constantly held to high standards of conduct and are encouraged to improve their interactions with defendants.
Another concerning issue highlighted in the report is the inadequate provision of interpreters for defendants who do not speak English as their first language. Transform Justice observed that a quarter of the defendants in the hearings monitored did not speak English as their first language. In many of these cases, an interpreter was required but was either not provided or was not available in a timely manner. In some instances, family members stepped in to act as interpreters, but this is a practice that goes against the guidance of the Crown Prosecution Service (CPS), which discourages the use of family members in this role. Courtwatchers expressed concerns about the appropriateness of this practice, particularly given the potential for misunderstandings or misinterpretations in such sensitive legal matters.
The report urges judges and court staff to receive training in how to assess a defendant’s language comprehension and to ensure that effective interpretation services are provided. Without proper language support, defendants are at a significant disadvantage, unable to fully participate in the process or understand the consequences of their actions. The lack of adequate interpretation services reflects broader systemic issues in ensuring equal access to justice for all individuals, regardless of their linguistic background.
The report also highlights the increasing use of video links for defendants, a practice that has become more common in recent years. While video links are seen as a practical solution for managing a busy court schedule, the report argues that this practice can often be detrimental to defendants, particularly those in police custody. The lack of face-to-face interaction between defendants and their legal representatives can hinder effective communication and lead to a breakdown in trust. Transform Justice calls for the use of video links to be restricted, particularly in cases where a defendant is unable to participate fully in their defense or where the quality of communication is compromised.
Additionally, the report stresses the importance of ensuring that all defendants have access to legal representation. The absence of legal counsel in a significant proportion of hearings is troubling, as it places defendants at a severe disadvantage. It recommends greater efforts be made to provide legal aid and support to unrepresented defendants to ensure that they can fully understand and participate in their hearings.
The findings of court watchers call for a broader overhaul of the way many courts in the Uk operate; with stringent rules required about the conduct of judges and barristers in the court.
It also calls for greater research to be conducted in relation to the issues raised, and more prohibitions imposed on both judges and barristers in relation to some of the issues raised in the professor’s report.
Judges occupy a very important role in every society, but there evidently exists a number of them who are rude and arrogant. The display of arrogance by judges in all courts ought to be curbed, although a certain level of assertiveness and authourity is required by every judge. However, the integrity of the British Criminal Justice needs to be preserved, whatever it takes to achieve this eventuality.
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