We are failing in a key cornerstone of democracy in the UK: justice

School of Justice Studies academic Dr Lizz Peatfield JP has spent years observing a criminal justice system in chaos. In her new book - The Reality of Justice in England's lower Courts: Behind the Bench - she asks 'What is justice?' if it fails to be fair, accessible and functioning. We spoke to her...

Lizz, the prisons are full, the public is resorting to pro bono clinics like at LJMU to get justice and the backlog of Crown Court cases in England and Wales is close to a record high – how far have things fallen in our court and criminal justice system?

There's a significant disconnect between the government's goals for the criminal justice system (CJS) and the funding they are prepared to provide. Over the past three decades, the lack of investment in court buildings, staffing, and in legal aid has, I suggest, undermined the perception of fairness and access. The public's ability to seek legal advice has been drastically reduced, and many people are unaware of how to access free legal assistance. Even when available, law clinics do not cover all types of cases. Additionally, the concept of McKenzie Friends, individuals who can provide support during court proceedings, is often unknown and underutilized. People who cannot afford their own legal representation have been hung out to dry by successive governments and the strain on the system is evident, as we are losing staff due to the pressures of the work. As a former magistrate, I can speak to the frustration many of us, the volunteers, feel.

Will things get worse before they get better, do you think?

Without significant investment, I fear they will. The optimism of a new government in power has already started to fade as it becomes clear that there are no quick fixes. Social inequality, in particular, seems to be worsening. Many of the cases I dealt with in court were rooted in poverty and need and I would say a serious rethink of our CJS is urgently needed.

Behind the headlines, individuals can find their lives on hold waiting for the wheels of justice to turn. How do you sum up the human cost?

The waiting times in the criminal justice system are outrageous. The idea that we can offer the public swift and summary justice is simply inaccurate. Trials are often delayed for months, and in my experience, some individuals would rather plead guilty just to get the ordeal over with, as I discuss in my book. The psychological toll of waiting is immense, and many of the people we see in court are already at breaking point.

And what about pressure on the professionals at the sharp end?

A lack of available duty solicitors combined with the restrictive eligibility for legal aid leaves many without proper representation. This puts even more strain on an already overstretched system. The dedicated staff, from volunteers like magistrates to court legal clerks, are also under immense pressure. Legal clerks, in particular, have seen their administrative workload increase as part of cost-cutting measures, and solicitors are struggling to retain young staff due to the workload.

This situation has been further impacted by the mishandling of the probation service. The government’s attempt at privatization was a failure, and while it has been brought back under public control, the staff left to 'clean up' are stretched beyond what is fair or sustainable. The human cost cannot be overstated. We have people left in limbo for months, facing uncertainty, stress, and financial hardship, while the very people tasked with administering justice are burning out under unsustainable workload.

How did you get involved in the court system and why?

I spent the first part of my adult life as a night club bouncer and didn’t even think someone like me could apply. But that’s the point: magistrates are normal members of our society from all walks of life. It was after a particularly bad experience that a friend of mine had with the justice system that my mum suggested I apply. I’m fortunate to work at a civic university,  LJMU - which encourages community engagement, and they supported me in taking on the role. Even as a criminologist, I was often shocked by what I witnessed in court. However, for every negative experience, I can also share a positive one—when the system works as intended, it’s truly rewarding to see justice in action.

What did you get out of being on the bench?

There are so many hardworking people in the system—from magistrates to probation workers, police officers, legal clerks, and ushers. The joy I felt when making a difference cannot be understated. When the system works, it works incredibly well. Hearing success stories, like someone completing their community order early and turning their life around, is truly rewarding. Helping people access vital services like drug and alcohol support or anger management can have a huge impact.

Take community orders: when they are well-run, they work exceptionally well and can change lives. The problem is when they’re not well-run. I remember a case from several years ago when I was sitting in a breach court. A woman had failed to show up for her allocated voluntary work. The issue was that she was a full-time working mother who had escaped a very abusive relationship. She had been scheduled to complete her hours on a Saturday, as it was the only time she could arrange childcare. The probation service had allocated her to a charity shop, but unfortunately, her ex-partner’s family lived nearby. She was terrified they would see her and inform her ex, so she didn’t attend, breaching her order. So, despite having escaped an abusive relationship, started a new life, and stopped offending, we didn’t give her the ability to fulfil her community order safely.

Your book is called ‘The Reality of Justice in England’s cower courts’ – what reality do you see now?

I see a system in chaos, and no one seems brave enough to stop and wonder why it isn’t working. The criminal justice system should be about delivering justice through punishment and rehabilitation. We need to accept that the system is broken, and instead of applying quick fixes, we need to genuinely rethink it from the ground up. This includes revisiting some of our current laws. For instance, our drug laws simply do not work. We waste significant time and resources arresting people for offences like smoking marijuana, despite scientific evidence suggesting it's less harmful than alcohol. We need a new approach that aligns with the reality of the situation.

Additionally, we must address the root causes of crime by rethinking social care and tackling the inequalities that drive people to offend in the first place. Rehabilitation programs are undervalued, and we need to properly fund the probation service if we want them to work.

Is the political will there to solve this?

Yes and no. The criminal justice system can be fixed - it has the right people in place now who can lead the way. When the system works, it works well. The issue is ensuring there's enough funding to make it work consistently, every time.

However, we also need to think outside the box, like the Netherlands and other countries have done. But the signs are not encouraging; we criminalise far too many people, and this labelling has a lasting effect. Once someone is labelled as 'deviant,' it hampers their chances of living a full life outside the system. We need to reimagine how we approach justice, rehabilitation, and crime in our society.

We hear a lot about the loss of legal aid to individuals. How has that impacted justice, do you think?

It’s one of the greatest failings of the state over the past decades. I can only imagine how many people may be in prison simply because they didn’t have proper representation. From my own experience, I know this has happened, and unfortunately, there has been very little we could do about it. We need equity, not just equality. Justice is a perception—it changes based on your role, your position in society, and your lived experiences. It’s fluid. But at its core, it must be fair. Everyone should have the same opportunities, no matter their background, and that simply isn’t the reality in the lower courts today.

Are you expecting change under a Labour government with a PM with a background in the CPS?

No and to be clear, the system wasn’t broken solely under the Tories—this issue goes back far beyond any one government. There has long been a disconnect between those allocating funding and those working on the ground. We've seen barristers strike, legal clerks overwhelmed, and magistrates—who don’t get paid—struggling under the pressure. We’ve lost probation workers at an alarming rate, and while there have been some improvements with the new PQiP and hiring of new staff but we need change across the board.

If we don’t agree on what justice should look like and if everyone doesn’t have access to it, then what are we left with?