While many young people know about the judges who hear cases in court and the Members of Parliament who vote on legislation, the behind-the-scenes remains less visible. In this episode of the Kids Law Podcast, hosts Alma-Constance and Lucinda speak with Sir Robert Buckland KC – a former Lord Chancellor, Solicitor General, and criminal barrister – to explain one of the oldest positions in British governance and explore how politics and the law intersect.
Understanding the structure of government is vital for young people, especially considering that the age of criminal responsibility in England and Northern Ireland remains just 10 years old. By exploring how justice is administered, young citizens can gain the knowledge necessary to navigate their rights and eventually make informed decisions at the ballot box.
What Does the Lord Chancellor Actually Do?
The office of the Lord Chancellor is steeped in over a thousand years of history, previously held by famous historical figures such as Thomas Becket, Cardinal Wolsey, and Sir Thomas More. Historically, the role held immense power, combining judicial, legislative, and political responsibilities into a single person. However, major reforms in 2005 shifted these powers to create a clearer separation between politicians and judges.
Today, the Lord Chancellor serves simultaneously as a senior cabinet minister and the Secretary of State for Justice, overseeing the court system, prisons, and legal aid. Despite being a politician, the Lord Chancellor carries a unique duty to defend the rule of law and protect the independence of the judiciary.
Does the Modern Role Need Reform?
When asked whether this historic position functions effectively today, Sir Robert suggests that further legal reform is needed. He expresses that the 2005 changes stripped away a helpful element of the role by over-separating the Lord Chancellor from the daily realities of the legal profession.
In his view, the ideal Lord Chancellor should be deeply rooted in the legal world, perhaps even having experience as a judge, to truly understand the judiciary’s needs. This connection allows the minister to push back when other politicians make statements that could accidentally undermine public confidence in independent judges.
Massive Pressures on Courts and Prisons
The UK justice system is currently grappling with long-term funding challenges that were severely worsened by the COVID-19 pandemic. When the virus forced courts to temporarily halt jury trials, a massive backlog of criminal cases built up in the Crown Court. This means that victims, witnesses, and defendants are frequently left waiting for exceptionally long periods before their cases are resolved.
Simultaneously, the prison population is expanding rapidly as sentence lengths increase and more violent or dangerous offenders are detained. Managing this surge is made more difficult by the fact that many facilities are old Victorian structures that are inherently difficult to run. Combined with a probation system struggling to supervise individuals in the community, the infrastructure remains under significant strain.
Defending Trial by Jury in the Digital Age
Despite current delays, Sir Robert remains a defender of trial by jury, rejecting government proposals to restrict it as a means of clearing court waitlists. He emphasises that randomly selecting 12 members of the public to hear serious cases is a cornerstone of justice that has functioned well for centuries without producing modern backlogs.
Instead, he argues that the true bottleneck in contemporary trials is the sheer explosion of smartphone data and digital evidence. Sifting through thousands of personal messages and digital files takes months, dragging out preparation times before a jury even enters the courtroom. To fix this, Sir Robert advocates for integrating AI systems to automate administrative tasks and help lawyers quickly separate relevant data from irrelevant files.
How Laws are Scrutinised and Passed
The process of turning a bill into an Act of Parliament requires exhaustive debate, a reality Sir Robert experienced firsthand while guiding the highly controversial EU Withdrawal Bill through the House of Commons. Crafting lasting legislation requires striking deals and negotiation, which is why rushed laws often turn out to be deeply flawed.
The House of Lords serves as an invaluable revision chamber in this process. Because peers can thoroughly inspect the fine details of a bill away from immediate electoral pressures, they frequently identify errors that the House of Commons missed. This thorough scrutiny was recently evident when the House of Lords heavily revised legislation regarding assisted dying and successfully persuaded the government to change course on implementing a mobile phone ban in schools.
The Reality of Criminal Responsibility for Youth
The debate surrounding the age of criminal responsibility is highly sensitive. While Scotland raised its threshold to 12, children as young as 10 can still be prosecuted in England and Northern Ireland. Sir Robert does not support raising this age, arguing that most ten-year-olds possess an understanding of right and wrong, and that setting any arbitrary cutoff age is difficult because children mature at wildly different rates.
Rather than changing the baseline age, he believes prosecutors must evaluate each young person individually to decide if criminal charges are genuinely in the public interest. A prime example involves the crisis of modern slavery, where criminal syndicates exploit vulnerable young teenagers to traffic drugs across the country. Increasingly, police forces choose to treat these young people as victims of exploitation rather than criminals, providing them safety so they can help bring the real ringleaders to justice.
Empowering the Next Generation of Citizens
As the UK prepares to introduce policies that will lower the voting age to 16 and 17, equipping young people with political and legal literacy has never been more urgent. Sir Robert notes that during his school visits as an MP, students were often evenly split on whether they wanted voting rights. Now that change is arriving, targeted school curriculums and educational media are vital to ensuring new voters feel confident making informed choices.
For young people looking to enter the legal field, his advice is to visit local courts, shadow working lawyers, and recognise that the profession is ultimately about human empathy. While making grand speeches in front of a jury looks exciting on television, the true heart of being a lawyer lies in quietly negotiating practical solutions to help real people solve complex problems.
No matter your age, learning how the legal system functions is the first step toward feeling empowered in society. If you are a young person experiencing difficulties or feeling unsafe, please remember that you do not have to carry your worries alone. Teachers, counsellors, and trusted adults have strict legal safeguarding duties to protect you and ensure your well-being.
For free, completely confidential advice at any time of day, young people under the age of 18 can call Childline at 0800 1111.
To discover more about your legal rights and read additional breakdowns of how national laws affect your daily life, visit the official Kids Law website at https://kidslaw.info.