Improvement for Defendant Engagement:
Relevant and user friendly information about criminal courts processes
Timely information to support informed decision making
Information and signposting to services - additional support needs including mental health, substance misuse, domestic violence, and housing issues
Police Station:
Engage with the police through relevant bodies to support them. Inform them about their rights when being questioned. Acting within the PACE guidelines. Provide written information in clear format to defendants explaining the importance of representation. Concise written information about the next steps (preparation for their hearing).
Signpost to sentencing guidelines and informations about the HMCTS Service Centre and phone numbers. Local and national organisations to provide legal and wellbeing support. Written information on duty representation in police custody.
Lack of informed decision making: Not fully understanding the reasons for having representation when being questioned. Leave police custody quickly as the experience was distressing or uncomfortable. Not understanding the seriousness of the offence and consequences of duty representation. Strong and irrefutable evidence against them - determining their plea decision. Explaining the reasons for representation and consequences for the offence. Charged with the offence how to seek further representation. Requesting duty representation when being questioned would not prejudice the individual.
Access to information: Accessing representation ad benefits of early access. Sentencing guidelines and weblink for access. Legal aid and eligibility. Advice on representing yourself in criminal cases (self-representation). Defendant options for submitting a plea decision - submit early in court process and sending a letter to court. What to expect on the day of court hearing, information about HMCTS Service Centres and phoneline numbers.
Preparation for Court:
Advice to defendants around expectations of the day of hearing. 3D tours of local courts to navigate around. Provide information about what they can do if dissatisfied with representation. Signpost to existing sources of help.
Information need to know: Length of time for waiting in court. Overall length of time within court. What they should bring on the day of the hearing. Who they could speak to on the day if there was questions. What they could expect when they entered court.
Informed Decision Making: Firm changing the solicitor that the defendant has been assigned too. Irregular communication. Not answering questions the defendant had. Solicitors communicating in ways that seems impersonal or judgemental. Not taking actions they promised to take. Not spending sufficient time with the defendant to build trust required to explain mitigating circumstances.
Supporting needs: Signpost to existing sources to help available locally. Support to address wider issues around the cases impeding engagement.
Support at Court:
Duty solicitors - legal advice and speak about the case
Court staff - questions about the court
Liaison and Diversion Services - Mental health problems or learning difficulties
Attending Court:
Queries desk at court so defendants can identify clerks and volunteers. Comply with existing guidance, work with bodies to identify and address barriers to prevent defendant representative from speaking to the defendant as early as possible. Providing defendants in holding cells with more sources of distractions. Referrals made by court staff and controls placed on to approach defendants. Assess defendants for reasonable adjustments necessary to support engagement.
Access to Information: Provide a queries desk at court so defendants can better identify clerks and volunteers. Comply with existing guidance, work with bodies such as the Law Society and Legal Aid to identify and address barriers. Provide those in holding cells with more sources of distraction. Assess reasonable adjustments necessary to support engagement.
Informed Decision Making: Representative sharing new updates about their case. Updated plea decision in high pressured scenario was more challenging for defendants held in the holding cells below court. The conditions of the cells and limited options impact their wellbeing. Revolving Doors recommends HMCTS work closely with bodies including Law Society and Legal Aid.
Prison to Court Video Links:
PCVL
Recommendations - Minimise miscommunication between courts and prison estate and implications it has on defendants. Provide defendants with written notification of upcoming PCVL with sufficient notice to support defendants to prepare effectively. Communicate in private with their representative for a minimum of 15 minutes before and after the PCVL.
Review: Is it necessary for a prison officer to be present? Confidentiality concern of defendants to prevent effective engagement. Procedure on prison estate to prevent support workers from accompanying defendants. Same visual overview as courtroom.
Cross examination:
Rules do not apply to those that are vulnerable - mental disorder, learning disabilities, physical disorder or disability. The questionings are designed to maintain integrity of the court process, vulnerable people are less likely to respond within the traditional approach.
Criminal Practice Direction 2023 6.1.1 "enabling a witness or accused to give their best evidence, and enabling an accused to comprehend the proceedings. The pre-trial and trial process should, so far as necessary, be adapted to meet those needs".
Legal restrictions apply in criminal trials for certain offences.
Allegations of sexual nature, complainants cannot be asked questions about their sexual history except with the leave (permission) of the court. Section 41 Youth Justice and Criminal Evidence Act 1999. Subject of cases defining limited exceptions to the rule.
Child defendants:
Support provided: Understand the case and witnesses against them. Give own side of story for defence statement. Prepare a proof of evidence. Speak to lawyers before and during court proceedings. Evidence and address the court when necessary. Follow the case as proceeding.
Intermediary support: Age, potential communication needs. Learning difficulties or mental health needs. Education, health and care plan. Youth offending team.
CrimPR 18.27(2) facilitate effective participation: defendant's communication reported, views expressed about for assistance, measures or arrangements. Impact of the defendant's age, intellectual ability or social functioning. Ability to give evidence and understand hat is said and done. Impact of participation on mental disorder or impairment of intelligence. Evidence in legal proceedings or being questioned during investigation of alleged offence, and criminal case. Assessment of health by mental health practitioner. Expert medical opinion.
Prittchard (1836) 7 C&P 303 can the defendant:
understand the charges
decide whether to plead guilty or not guilty
follow course of proceedings
instruct a lawyer
challenge a juror
give evidence in own defence
Intermediary report: Specific communication difficulties. Individual needs of particular defendant and circumstances. Defendant specific needs for effective participation. Needs support. Support in different part of the proceedings.
Legal Terminology:
Acquitted = Found not guilty.
Bail = You will not have to go to prison before your trial. You may have conditions.
Barrister = Specialist court lawyers.
Charge = Crime or crimes accused of.
Committal for sentence = Crime needs a serious punishment they can send you to Crown Court for sentencing.
Community Order = Probation courses, unpaid work, stay indoors for certain times.
Complainant = Alleged victim in the case.
Convicted = Guilty plea or found guilty after trial.
Defence = Lawyers help the defendants with their case or reasons why you are not guilty.
Defendant = Individual charged with a crime and told to go to court.
Evidence = Used within cases. Video links, written statements, court room. Forensic evidence or physical evidence or medical evidence.
Hearing = Prosecution, defence and judge / magistrate meets in the courtroom. Determine the trial or sentence get.
Indictment = The document lists the crimes accused of.
Jury = 12 people who are randomly selected from the community.
Probation = Give advice to a judge or magistrate about sentence if convicted. Speak to you and prepare a report. Why have you committed the crime, background and history.
Suspended sentence = Only go to prison if you commit another crime. Unpaid work or go to meetings with a probation officer. Requirements.
Victim surcharge = Money helps to support victims of crime and families.
Until the next Legal Thought,
Elicia Maxwell
References:
file:///Users/cg/Downloads/Green_and_Black_Cross_Support_for_People_going_to_Court.pdf
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