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Jean-Yves Gilg

Editor, Solicitors Journal

Lord Chief Justice told to ditch wigs and gowns in court

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Lord Chief Justice told to ditch wigs and gowns in court

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'Chaotic' and 'archaic' crown courts hinder experience of witnesses, victims, and defendants

The Lord Chief Justice should review the use of wigs, gowns, and legalese which only serves to uphold tradition in the crown court, the Criminal Justice Alliance (CJA) has claimed.

A new report, 'Structured Mayhem', carried out by the Institute for Criminal Policy Research at Birkbeck University of London, exposes how the crown courts are failing the most vulnerable court users.

Witnesses, victims, and defendants said trials were often 'chaotic' due to large numbers of people needed to be brought together.

In addition, the drama of a trial was said to leave court users feeling marginalised, with only the legal professionals playing the major roles.

Proceedings were described as 'archaic' with wigs and gowns worn by legal professionals creating a 'sense of other-worldliness'.

Finally, delays, adjournments, and scheduling problems caused frustration, anxiety, and inconvenience.

CJA director, Ben Summerskill, said: 'In recent years much progress has been made in the better treatment of victims, sometimes made to feel incidental to a trial, but too often their feelings remain overlooked. The ceremonial style of courtrooms - along with the use of wigs, gowns, and legalese - seem "other-worldly" to many court users.

'The Lord Chief Justice and Courts and Tribunals Service should review the use of all three, which often do little more than uphold tradition.'

The CJA said the research was a 'stark reminder' that the courts cause dissatisfaction despite progress being made over recent years.

The revelations come as the average time an offence takes to be reach conclusion at trial has risen from 304 to 360 days.

Additionally, half of victims and more than a third of witnesses claimed they are not given enough support before giving evidence. Further, only half of Crown Court trials went ahead as planned last year, even when victims and witnesses had been required to attend.

'Frequently our courts system still appears to operate with all the efficiency of the late nineteenth century in the first half of the twenty-first,' remarked Summerskill.

'Justice delayed, too often without explanation and amid huge confusion, can be every bit as bad as justice denied for victims and witnesses.'

Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk