A decade of change: The new realities of criminal defence

Reflecting on the past ten years, it is disheartening to see that many of the problems we, as practitioners, encounter in the criminal justice system persist much as they did then. If anything, some of those problems have only worsened over the past decade – the growing backlog of criminal cases, for example, and the lack of adequate legal aid funding, which has not only driven many lawyers out of the profession but also prevented many new lawyers from considering joining.

The practice area, however, has not remained entirely unchanged. Certainly, since I have been in practice, for example, we have seen a shift within the investigation stage of a criminal matter, from the ‘presumption of bail’ to clients being RUI’d or ‘Released Under Investigation’. Whilst on the face of it this seemed a positive change and far less restrictive than continually requiring a defendant to return back to the police station every few weeks, it soon became apparent that defendants were left RUI for an indefinite period of time with little update or development in their case – that is, until we saw a reversal of this new ‘presumption against bail’ back in 2022. We have seen significant changes to the law defining ‘dishonesty’ in criminal cases following the ruling in Ivey v Genting Casinos UK Ltd t/a Crockfords [2017] UKSC 67, and most recently, the profession was thrown into chaos when the ruling in the case of Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) highlighted the importance of only ‘authorised persons’ conducting litigation. Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has swiftly become one of the most significant regulatory and operational decisions affecting law firms in England & Wales in recent years, with practices having to reassess and restructure their processes in order to ensure that they have correctly interpreted the provisions of the Legal Services Act, and have had to battle with perfectly capable and qualified staff now seemingly needing to be supervised in ways they were not previously.

It would be remiss not to mention other legislative changes on the horizon, such as the ‘scrapping of jury trials for offences carrying under three-year sentences’. This, if it comes to pass, will shake the very foundations of our justice system – and I cannot see any world in which this change would be a positive one.

Today, the criminal law landscape is more demanding and complex. System-wide delays continue to impact access to justice, with The Standard reporting that defendants and victims often have to wait years for their cases to be heard in court. With cases not making it to trial in a timely manner, lawyers are facing growing caseloads while also grappling with the need to adopt and engage with advancing technology that will shape the next decade.

The question isn’t whether criminal defence will evolve further, but how we, as lawyers, can equip ourselves to meet what’s coming next. If the last decade has taught me anything, it’s that firms that embrace innovation today will be the ones best placed to thrive tomorrow.

Growing caseloads and changing guidelines

Legislative and procedural change is an ongoing challenge for lawyers, and the time spent interpreting regulatory or legislative updates and designing processes to ensure compliance with them isn’t to be underestimated.

The recent Legal Aid Agency Cyber-attacks, but also a lack of appropriate funding over the years, have placed ongoing financial pressure on legal aid firms, and with cases taking longer to conclude - but generally lawyers not being able to bill a matter until the conclusion of a case - firms are navigating cash flow issues and often shrinking margins – leaving many practitioners having to do more with less, often at the expense of their wellbeing.

Court closures and restructuring efforts have also created logistical challenges, forcing solicitors to cover wider geographical areas than they may have previously, which brings further challenges in remuneration when legal aid lawyers are required to justify attendances outside their local area. Whilst firms may choose to accept cases at a distance, they may not always recover all their costs for doing so.

The result? An immense strain that not only impacts clients but also places more administrative and emotional pressure on solicitors.

Beyond system-level changes, the nature of cases has undergone change over the past decade. Whilst criminal lawyers have always dealt with the most vulnerable in society, a reduction in appropriate community-based mental health services seems to mean that more people within the community go untreated and end up falling foul of the law. I now see growing numbers of investigations involving behavioural or vulnerability-related elements, with a higher incidence of defendants struggling with mental health, substance dependency or unstable housing.

Criminal lawyers now need to have a deeper understanding of social care and trauma-informed communication. The risk, of course, is that practitioners will absorb these pressures and ultimately burn out.

Reflecting on my last ten years in practice, the most significant shift has certainly been in technology. Practitioners must now possess a level of digital literacy that was far less essential then. This need is likely to increase again, following the publication of Leveson’s second chapter.

With surges in service and reliance on digital evidence (by both prosecution and defence), case preparation is no longer simply about reviewing statements and advising clients; it now involves navigating and interpreting digital evidence, often involving multiple third parties. But with the implementation of digital case systems for court users in the past decade, changes in the field have not only been legislative. I can recall relatively early on in my career the implementation of the Better Case Management principles in 2016 and the implementation of the Crown Court Digital Case system that same year, complementing the Legal Aid Agency and DSCC online, all designed with a view to digitalising and streamlining the processes relevant to the criminal law practitioner.

Largely, I recall that whenever there was a significant change to either legislation or procedure (particularly requiring the adoption of new technology), it was usually met with a degree of concern. Most practitioners knew that change was needed but had little faith in its effective implementation. And when things don’t run to plan in the world of criminal justice, the consequences can be disastrous. Little ‘admin errors’, for example, have huge consequences – we only have to look at the recent spate of prisoners incorrectly released from custody in the UK to know that this is the case. The consequences of the LAA cyberattack have also shown us how long the knock-on effect of such incidents can take to rectify.

Due to high-pressure and high-volume workflows, many criminal lawyers just don’t feel they have the resilience to cope with these changes when they arrive. Change can represent another thing to learn and more tasks to complete – both in terms of adapting internal processes and procedures to ensure compliance with these updates and learning new skills that fall outside our comfort zones or simply worrying about having done something incorrectly when processes or technology are new or unfamiliar.

What is apparent, though, is that we are on the brink of even more change within the criminal justice system, the degree of which is largely unprecedented, and the skills that we, as lawyers, relied on years ago are no longer enough. Adaptability is essential, but so is having the resilience to embrace tools and processes that allow us to keep pace with a system that’s ever-changing – but now at a much faster pace than it has changed over the last decade.

Whilst learning to use a new piece of technology can feel like an immediate burden, experience suggests that the time spent in the short term learning those new skills will reap huge rewards for both individuals and practices in the long term, increasing efficiency and reducing the stress and burden on firms and fee earners alike. And let’s be honest, with the demands of running a criminal practice in particular, firms just can’t afford to let that opportunity pass them by.

In any event, legislative and procedural changes aside, for many defence practitioners, the administrative burden of criminal practice has already reached unsustainable levels. This is where legal practice management systems, such as LEAP, can significantly impact day-to-day case management by consolidating case documentation, time recording, and third-party collaboration into a single environment. This replaces the patchwork of disconnected systems that once consumed valuable time, giving practitioners back some capacity to do the work that truly matters.

Preparing for the next decade

The next decade will undoubtedly bring new challenges and opportunities. But, ultimately, the future of criminal defence will depend on our ability to strike the right balance between innovation and safeguarding the human and empathetic foundations of our profession.

Integrated case management systems, particularly those powered by AI capabilities like LEAP’s MatterAI and Prompts, will help practitioners keep pace with the evolving landscape of the criminal justice system by connecting fragmented workflows, strengthening compliance, and allowing lawyers to devote more time to client care

Technology won’t replace professional judgement, not in ten years, not ever (I would hope). However, it will help practitioners regain control over their time by automating routine tasks, analysing changing regulations, and ensuring client communication remains clear and efficient.

Whatever changes the next decade holds, firms that invest in technology to support their staff's training, employee well-being, and modern tools will be the ones that thrive.

About the author

A seasoned Criminal and Regulatory Law specialist, Catherine Gaynor brings over a decade of experience to her role as Head of Criminal Law at LEAP Legal Software. Formerly a Partner at JMW Solicitors LLP, she has advised on high-profile criminal cases, VHCCs, and professional misconduct matters. At LEAP, she uses her deep understanding of the criminal justice sector to drive digital transformation and support firms in modernising their workflows.