Court experiences are damaging trust in justice, major new study warns

A new report from the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London and justice charity Revolving Doors has found that people's experiences of the family and criminal courts can significantly damage their trust in the justice system, while also worsening the emotional impact of the issues that brought them to court.

Lived Experience of the Law is the culmination of a three-year research project funded by the Nuffield Foundation. Based on 131 in-depth interviews with people who have been through the family and/or criminal courts, the study was co-produced with a team of qualified peer researchers, all of whom have personal experience of the courts and legal system.

The research presents candid accounts of how people's interactions with legal authorities over the course of their lives shape their expectations of fairness, their ability to participate effectively in legal proceedings, and their access to justice.

Among the report's findings, many participants described court proceedings as causing additional harm beyond the circumstances of their case. Many said their mental health had deteriorated as a result of their experiences, particularly those involved in family proceedings, while a significant minority spoke of feeling suicidal.

The study also found an overwhelming lack of trust in the justice system. This mistrust extended beyond the courts to the wider criminal and family justice systems, including social services. For both defendants and victims, previous negative interactions with the police also influenced expectations of whether they would receive fair treatment elsewhere in the justice system.

Participants of the study described feeling at the mercy of an overstretched and under-resourced legal system, facing delays and postponements throughout the criminal justice process. Most relied on publicly funded legal representation, while some involved in criminal proceedings felt pressure to plead guilty in order to reduce lawyers' workloads.

Gill Hunter, Senior Research Fellow at ICPR, Birkbeck, who helped lead the project, said:

"Lived Experience of the Law shows that every contact people have with the justice system counts towards future trust and expectations of fairness. It also makes clear the importance of justice professionals' actions and the value of showing kindness, consideration and empathy for humanising formal court processes."

Pavan Dhaliwal, Chief Executive of Revolving Doors, said:

"Revolving Doors exists to empower the voices of people with lived experience of the justice system to address issues head on and create a fairer society. What this research is highlighting is a system that no longer serves society and can no longer be trusted. The justice system has remained opaque for too long, and most people don't know what goes on inside a court until they get there.

"We need this report to serve as a wake-up call. By evidencing people's experiences of 'the law', we hope to encourage legal practitioners, policymakers and those with the power to make change to work with us to build a stronger, fairer and more just system."

Ash Patel, Programme Head for Justice at the Nuffield Foundation, added:

"This research shows clearly the despair felt by many caught up in the justice system. But it also shows that trust can be restored. While wider reform is needed, simple changes that don't require significant new investment can make a real difference. By listening to those at the heart of these hearings we can bring more humanity and empathy to the legal process."

The report's recommendations were developed through five policy workshops involving people with lived experience, justice professionals, voluntary sector organisations and other stakeholders. They include adopting more problem-solving approaches in courts, reducing legal jargon, making hearings more flexible, ensuring special measures are consistently available, and increasing access to free and independent advice and support before, during and after hearings.

The researchers hope the findings will help inform future reform of the justice system by demonstrating both the scale of the challenges facing those who come into contact with the courts and the practical steps that could help rebuild trust, fairness and confidence in the legal process.