Hiba Jahangir, Policy and Communication Intern at the Centre for Justice Innovation, shares her key takeaways and observations from a visit to Highbury Corner Magistrates’ Court.
While this was the first time I had witnessed court proceedings, after learning about some of the challenges and barriers people face, the outcomes did not come as a surprise. Rather, it reaffirmed how much work remains to make the system truly fair and effective for all. Here are some of my reflections from what I saw from inside the courtroom.
Ensuring Access to Interpreters
During one court hearing that I observed, the witnesses did not speak English as their first language. Consequently, communication between the witness and the defence lawyer was challenging, and both parties frequently had to repeat or rephrase themselves to try and avoid misunderstandings. The situation raised several questions: Why was an interpreter not provided for the witness? Was this simply an oversight, or was no interpreter available on the day? Had the witness not requested an interpreter, or was the need overlooked?
The absence of an interpreter also called into question whether the witness was able to provide an accurate account of events and whether this impacted the fairness of the hearing and potentially the outcome of the case. Research by the Centre for Justice Innovation found that “without access to suitable language support, individuals who speak English as a second or additional language (ESL) face a number of barriers to engagement”. This work emphasises the importance of ensuring that all participants receive the necessary support to navigate court proceedings with confidence, particularly when English is not their first language.
To support the implementation of good practice, this guidance Good Practice Guidance for Probation Service Staff and Interpreters, highlights useful recommendations for improving communication when an interpreter is not available.
For further guidance on helping participants engaged in the court process to navigate proceedings with greater confidence check out the Centre’s Procedural fairness toolkit.
Is imposing a fine appropriate in cases of financial hardship?
During another hearing, I observed the magistrates’ acknowledge that the individual in custody had been relying on benefits and was experiencing financial hardship. Despite this, I was surprised when the magistrates ultimately decided that issuing a fine was the most appropriate course of action. This decision left me with several questions regarding the outcome of the hearing: How was this individual, already facing financial hardship, expected to pay the imposed fine? Would this jeopardise their ability to meet essential needs, such as housing, food, or utilities? Could an alternative form of penalty, such as conditional discharge or referral to support services, have been a more suitable approach given the circumstances at play?
Over 75% of people convicted each year in England and Wales are sentenced to a fine for minor offences, but research by the Centre found that “for people on low incomes, the impact of fines is anything but”. Interviews conducted with 56 people on low incomes who had been sentenced to a fine found that “the financial burdens placed on them by the court had pushed them further into debt” and for some “the financial burdens took a severe toll on their mental and physical health” . Imposing a fine in these cases, including the case that I saw, did not feel like the most appropriate and proportionate course of action.
The Centre’s research, The impact of court fines on people on low incomes, sets out some improvements to the fines system that could help the courts implement a fairer and more equitable approach. Stay tuned for part II of this project, which will work out the details of these recommendations, and will be published in Autumn 2025.
Technology in court: Still falling short …
Although we have seen several advancements in the technology used in courtrooms across the UK, largely as a result of the Covid-19 pandemic, it appears to still fall short of a good standard. One hearing I observed spent a significant amount of time attempting to display Google Maps on the courtroom screens, and ultimately failed to do so. As a result, the court had to rely on printed copies of the map, which were circulated amongst the judge, the witness, the defence lawyer, and other participants. Consequently, this appeared to make it difficult for the judge to gain a clear and immediate understanding of the events that took place, which highlights how much work remains to improve the technology in our courtrooms to ensure efficiency and clarity of proceedings.
In addition to observing court proceedings, I also spent time at Community Advice, a free advice, information and support service based in the waiting room of Highbury Corner Magistrates’ Court. They connect people with organisations and partner agencies, providing support in several areas including housing, benefits, debt, employment and training, addiction, mental health, and domestic abuse. They also provide on the day support, such as answering questions about where individuals need to be, when they will be seen, and offering reassurance. Their support was instrumental in guiding individuals through what can be a particularly stressful and daunting period. Since launching in 2015, the service has supported over 2,000 people.
If you or someone you know needs support, whether through self-referral or direct referral, please contact Community Advice on:
07766 693 138
07941 510 242