When we think about the services that keep our society running, our minds often jump to the NHS or local schools. We see doctors and teachers every day, but the legal system often feels like a distant service. However, as the Kids Law Podcast recently explored in a fascinating discussion with Richard Atkinson, the 180th President of the Law Society of England and Wales, the justice system is just as fundamental to our daily lives as any hospital or classroom.
Richard Atkinson offered a sobering look at a system currently under immense pressure. From record-breaking court delays to the controversial age of criminal responsibility, the episode highlighted why every citizen, especially young people, should care about the state of our courts.
The Crisis of Delays and Overcrowding
Richard highlighted that the two biggest issues facing the criminal justice system today are the lack of space in prisons and the agonisingly long time it takes for cases to reach trial. In some instances, trial dates are being set as far away as 2030. This means that an individual accused of a crime, as well as the victims and witnesses involved, may have to wait four years or more for a resolution.
This is a fundamental threat to the rule of law. When the system moves this slowly, memories fade, witnesses become harder to locate, and the lives of everyone involved are put on a permanent hold. Richard noted that the government has recognised these “real troubles,” but the shortage of lawyers able to undertake this demanding work remains a significant hurdle.
The Role of Legal Aid
A common misconception is that the law is only about police, handcuffs, and courtrooms. Richard was quick to clarify that Legal Aid is a vital public service that ensures everyone can obtain justice, regardless of their situation. He compared it directly to the NHS, noting that early advice can prevent small problems from spiralling into life-altering catastrophes.
Housing law is a prime example. A tenant living in a home with damp or mould is in a naturally weaker position than their landlord. Without a lawyer to explain their rights and navigate complex procedures, that tenant might never see their home repaired. Yet, the current state of civil legal aid is “very poor”. Statistics show that half of the people needing housing advice, and a shocking nine out of ten people needing education law advice, do not have a local legal aid provider available to them.
A Right to Family Life
To illustrate the stakes of these legal battles, Richard shared a moving example involving the Human Rights Act. He spoke of a couple married for 59 years who were separated by the state after a hospital stay; the wife was sent to a care home while the husband was sent back to their original house. This separation caused them enormous distress. It was only through legal aid and a challenge based on the “right to family life” that they were able to fight back.
Without access to a lawyer, mistakes happen. We see this in high-profile miscarriages of justice, such as the Post Office scandal where hundreds of postmasters were wrongly accused. Every time the system fails, public confidence drops.
A functioning justice system is also an economic driver. England and Wales have a strong international reputation for law, which encourages global investment and supports the economy.
Modernising the System
The solution to these problems starts with funding. Richard argued that the justice system hasn’t been properly funded for over 30 years. He views this money not as a cost, but as an investment that saves money in other areas, like the NHS. The system must also embrace technology, including Artificial Intelligence, to process large amount of data more efficiently. However, he cautioned that this modernisation must be done “fairly and properly” to ensure that bias isn’t built into the digital outcomes.
Richard pointed out that other countries are trying different approaches. Canada, for instance, has implemented absolute time limits on how long a case can take to reach trial. While this has focused the government’s attention on criminal backlogs, it has unfortunately caused civil courts to suffer. Meanwhile, the United States has seen success with “problem-solving courts” that focus on mental health and drug addiction to address why people end up in court in the first place.
Should a 10-Year-Old Be a Criminal?
Perhaps the most important part of the discussion for the Kids Law audience focused on children. In England and Wales, children as young as 10 can be held criminally responsible. Richard, who has represented many young people throughout his career, believes this age is “far too low”. He pointed to the modern understanding of development, which shows that human brains, specifically the parts responsible for understanding consequences, continue to develop well into adulthood.
Richard shared a heartwarming story about receiving an email from a client he had represented 20 years ago. This individual, who had been in the care system as a child, thanked Richard for being kind, listening, and helping them stay in education long enough to get their GCSEs and A-levels. This story highlights the power of a lawyer who acts as an advocate rather than another authority figure.
“You have impacted positively on a young person’s life, and you don’t always know that, as you go back and forth to the police station… that was immensely warming and made me very, very, very proud.”
While some argue that a low age of criminal responsibility protects children from being exploited by adult gangs, Richard suggests a different route: create specific offenses for those who incite children to commit crimes. Criminalising a 10-year-old often leads to a cycle of offending and labels them for life, making it harder for them to find jobs in the future.
A Path Forward
Richard encouraged listeners to stay informed, read from a range of respected sources, and visit the Law Society’s website to learn more about ongoing campaigns. Understanding the law is the first step toward changing it. Whether it’s protecting your rights as a tenant, ensuring a fair trial, or rethinking how we treat children in the legal system, a strong justice system is the foundation of a healthy society.