Plain language in courtrooms improves fairness and outcomes

Inez de Lambert | August 15, 2024

Plain language is quietly making its way into New Zealand courtrooms, and helping to make them more positive, fairer places.

The change from legal language to plain language is usually part of a wider programme of change. It’s about making the courtroom a more positive place, less punitive, more respectful. It becomes a place where participants understand more of what’s going on, their role in it, and the scope for positive change.

Together, these elements add up to better access to justice.

Clarity is a cornerstone for justice

The shift away from legal language is part of a diverse toolkit that’s transforming parts of the justice system. Plain language is a tool in helping the system transform from traumatising, adversarial, and punitive to clear, participative, and focused on fair resolution.

Clarity and understanding are cornerstones of the programme.

In Porirua, near Wellington, Youth List Court judge John Walker crafted an approach to court where people understand what is happening to them and their loved ones — defendants and victims, families and supporters.

No specialist legal language allowed

The judge, lawyers, and court staff speak in plain language — no legal jargon. Everything is explained to the defendant until they confirm that they understand what is happening, what is being discussed, and what is expected of them.

Court and legal staff are not allowed to use legalese. If anyone says ‘reside’ or ‘affidavit’, the judge will stop them and ask for plain everyday words — ‘live at’, or ‘a true written statement’.

In a Stuff news article, Walker said that if the people appearing in court understand what’s going on and their own role, they are more likely to engage and participate. By the end, they’re more likely to feel they’ve been heard and treated fairly — regardless of the outcome.

Read the article on Stuff’s website

Recognition and respect are reducing reoffending

Other tools work alongside plain language. Recognition of culture is one. Another is good information about the young adult offender’s wider background — family/whānau, culture, education, and health.

The approach is being rolled out in the country’s youth courts, and will be adapted to each individual community.

Early police data suggested the approach was reducing reoffending significantly in Porirua. After 500 cases under the new approach, the reoffending rate was 1 percent.

Plain language can trap court staff as well — but there’s help

Staff at one New Zealand court were struggling to help visitors — defendants and victims and their families — because the staff are over-familiar with the legal language that they use every day.

A court visitor might ask, ‘What does verdict mean?’ or ‘What does an appellant do?’ or ‘What’s bail?’ Staff said they knew the answers perfectly well, but not in ready, plain-language explanations for people who were new to legal words.

Staff were mindful of the part that a little extra confusion could play. One said they might be ‘playing a role in the worst day of someone’s life’. They didn’t want to add another difficulty.

The solution? Plain language consultants wrote a guidebook for staff, full of straightforward descriptions. Affidavit? A written statement that has been confirmed as the truth. Bail? A person on bail can leave the court but must come back…

Court staff are more confident they’re saying the right thing. And visitors to court understand more about the place and their role and obligations. This all reduces stress and saves time.

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