A new report advocates a ‘holistic defence’ model for the criminal justice system, arguing this would lead to less prison time, less recidivism, and cost less money.

Holistic defence, most common in the United States, is an integrated model of legal and social support, combining both criminal defence and a focus on the social causes of crime. The report, entitled ‘Justice+: Why England and Wales need Holistic Defence in the Criminal Justice System’, by specialist criminal defence law firm Commons, argues that it can address the crises facing the criminal justice and prisons system.

The findings of the report reveal that a holistic defence model can address a range of issues: preventing criminalisation of people experiencing a crisis, reduce incarceration costs, avoid wrongful convictions, reduce recidivism, and increase productivity and efficiency in the criminal litigation process.

The report is bolstered by evidence from a pilot Crisis Navigation service, introduced in 2020 This service provided support in accessing services, advocacy for clients, writing mitigation reports, liaising with family and coordinating care, and a ‘Crisis Navigator’ who provided emotional support.

The report advocates for integrating holistic advocacy into the United Kingdom criminal justice system by establishing community-based and regional legal offices to offer holistic support. These physical centres would provide legal aid and information beyond the criminal case, and address legal aid deserts by focusing on tailored regional needs and promoting collaborations between existing local services.

The Independent Criminal Legal Aid Review stated ‘In the criminal legal aid context, the availability of additional funding for the defence solicitor to engage, pre- or post-conviction, with the relevant support services, including the probation service or the local Youth Offender Team, would seem worthy of serious consideration and perhaps piloted as necessary’.

Among the problems the report identified are the 75% decline in the number of not-for-profit legal advice centres between 2005 and 2015, accompanied by an 80% increase in the prison population since 1990, with high recidivism rates. It also highlights the 67% of prisoners with mental health problems, and 27% with a learning difficulty or disability.