HATS OFF TO BUZZFEED: GOVERNMENT RESEARCH ON LITIGANTS IN PERSON FINALLY “DISCLOSED” (IN A MANNER)
This weekend I reported on the decision of District Judge Read that expressed profound concern about the fate of litigants of person in a family law case. Hats off to BuzzFeed which, after a tussle and an appeal to the information commissioner obtained an “unpublished summary” of research that the Ministry of Justice did in 2015. The Buzzfeed article today that deals with this makes it clear that trying to get information about the legal system from the Ministry of Justice can by like pulling teeth. (If anyone involved in the legal system wants to let me have their views on the impact of litigants in person, I will respect their anonymity if requested. I won’t publish an anodyne summary of their views.)
THE RESEARCH
There was a survey of 15 Crown Court judges and six prosecutors to find out their views on the impact of unrepresented defendants. A summary is set out in the BuzzFeed post
(The report can be found in full in the article by Penelope Gibbs, Not the “awkward squad”: unrepresented defendants in the Crown Court.)
The Information Commissioner’s Office decision can be found here
THE REFUSAL TO DISCLOSE
The MOJ refused to disclose the reveal the research on the grounds that it “relates to the formulation or development of government policy”. An explanation that (presumably) was not accepted by the information commissioner.
LIKE PULLING TEETH
The MOJ disclosed a six page summary. BuzzFeed has now lodged another appeal with the information commissioner, asking for the full research and the statements given by those interviewed.
WHAT THE DOCUMENT DISCLOSED
The very brief summary made it clear that judges prefer dealing with represented defendants. Among the points made were:-
- There could be an impact on witnesses of being cross-examined by the accused.
- Unrepresented defendants’ cases resulted in longer hearings and case progression was slower.
- All the judges interviewed “stated a very strong preference” to people being represented and would delay hearings to try to make this happen
MORE GOOD MATERIAL FROM BUZZFEED
This is not a one off. Emily Dugan at BuzzFeed has covered these issues many times.
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A Record Number Of People Are Representing Themselves In Court – This Is What It’s Like
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Cutting Legal Aid To Families Has Had The Entirely Opposite Effect To The One The Government Intended
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A Groundbreaking Study Has Found People Living Below The Poverty Line Are Being Denied Free Legal Help
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Lawyers And Politicians Say “Injustices” Are Happening Every Day Because Of Legal Aid Cuts
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This Man Had To Face Drugs Charges With No Lawyer Because He Couldn’t Afford One
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A Woman Who Begged For 50p Was Sentenced To Six Months In Prison In A Hearing Where She Had No Lawyer
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The Tory MP Who Chairs The Justice Committee Says The Government Went Too Far When It Cut Legal Aid
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This Man Had To Defend Himself Without A Lawyer Via Videolink With Terrible Audio. He Lost.
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An 18-Year-Old Asylum-Seeker Who Hardly Speaks English Had To Fight His Appeal Without A Lawyer
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There’s Been A Huge Increase In People Being Denied A Lawyer Because Of A “Dehumanised” Test
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Magistrates Say Children Suffer In Family Court Hearings When Their Parents Have No Lawyers
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This Man Had To Face Drugs Charges With No Lawyer Because He Couldn’t Afford One
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The Families Of Those Killed In One Of Britain’s Deadliest Terror Attacks Have To Crowdfund To Afford A Legal Challenge
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Legal Aid Cuts Have Ended Up Costing The Taxpayer Money Because Disputes Spiral
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Not A Single Discrimination Case Was Referred To A Legal Aid Lawyer In The Past Year
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A Senior Judge Has Suggested Charging The Government For Every “No-Brainer” Benefits Case It Loses In Court
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This Grandmother Had To Fight Without A Lawyer To Stop Her Grandchild Being Put Up For Adoption
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The Families Of 11 People Who Died In An Airshow Disaster Were Turned Down For Legal Aid
