Meeting people where the system fails them: the promise of holistic defence
The path for those in the revolving door is well-trodden. Arrest, a wait to be charged and a wait for court, followed by conviction. If the person is fortunate enough to get a non- custodial sentence, probation might refer them towards some sort of treatment, such as help for substance use or mental health issues.
In theory, this is the route to ending that person’s criminality. But as the system has grown more prone to crisis, it has become less equipped to lead people towards a path towards rehabilitation and recovery.
The reasons for this are numerous and well reported, including lengthy bail and ‘released under investigation’ periods and then lengthy court delays. The result is increasing numbers of people who have waited so long since committing an offence that their life has changed immeasurably by the time they appear in court. In many cases, the problems that led to their offending have become more entrenched because of a lack of support.
If that person has sought help – maybe for therapy on the NHS, or treatment for problematic substance use – the chances are they will be languishing on a waiting list. There is a fair chance that by the time they get to court they will have other matters pending. With the loss of Legal Advice Centres and other community support services there is a good chance they won’t have anywhere to turn for advice in the interim.
Once in court, they might meet their defence solicitor – often the duty solicitor, worked off his or her feet – for a short period of time. If they are fortunate enough to get a pre-sentence report at all, this is likely to be written on the day after a short interview, meaning sentencers do not get a full picture of them to inform their sentencing decision.
What is holistic defence?
This picture is exhausting, but all too familiar to Revolving Doors members. It is also what brought our attention to the idea of ‘holistic defence’.
Developed in New York, holistic defence can be a solution to the problems we have outlined. Instead of focusing narrowly on the legal case, lawyers work as part of a wrap‑around team that looks at the whole person and the pressures shaping their situation. They still do the core legal work, but the way they operate is far more proactive and connected.
Lawyers meet people early, often at the police station or at their first appearance. They build a full picture of the person’s life, working closely with a caseworker and support staff to understand issues like housing, mental health, trauma or substance use. This means the lawyer can argue more persuasively for bail, diversion or community‑based options, as they can show the court that support is already in place and the person is engaging with it. Those in holistic defence can spot the issues that need specialist help and bring the right partners in quickly, making sure practical support is lined up before key hearings.
The crisis navigation approach
We have been fortunate to see the work undertaken by legal aid firm Commons Law in this field and really want to spread the word about the potential of this work.
Commons Law use an approach they call Crisis Navigation. When someone chooses to use the service, the Crisis Navigator makes early contact to understand the areas of their life where they most urgently need support and to develop a clear action plan. The Navigator focuses on building a trusted relationship that can hold steady through the turbulence of the criminal justice process. They then provide consistent, practical help to move the plan forward, such as arranging and attending appointments, to researching services, making referrals, sign‑posting, or advocating with councils, charities and community organisations. In doing so, they offer genuinely holistic support, addressing the interconnected problems that have intensified as a result of someone’s involvement in the justice system.
With evidence of this approach working, the question, of course, turns to funding. In 2021 Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid highlighted a critical gap in how the justice system supports vulnerable defendants. He argued that, in the criminal legal aid context, providing additional funding for defence solicitors to engage proactively with support services, both before and after conviction “would seem worthy of serious consideration and perhaps piloted as necessary”.
Currently, legal aid solicitors receive a flat £250 fee for police station representation, regardless of how complex the case is or how many hours of work are required. Although an ‘uplift’ payment technically exists for unusually demanding cases, in practice it is rarely granted and the process for securing it is cumbersome and inconsistent. Commons Law argue that this funding model actively discourages the kind of early, intensive, person‑centred work that holistic defence requires. They propose that secondary legislation could allow the uplift to be automatically triggered where a solicitor is undertaking a holistic defence approach, recognising the additional time spent liaising with support services, gathering evidence of need, and stabilising a client’s circumstances before court. This would create a financial framework that actually supports the work the system claims to value.
Holistic defence shows what is possible when the system stops waiting for people to fail and instead meets them at the point of crisis with genuine support. At Revolving Doors, we believe this approach could be transformative for the thousands of people whose lives unravel while they wait for justice. The challenge now is to move from isolated examples to national ambition, and to do this lawyers need to be funded to do this work.
Revolving Doors recently joined other organisations, including Commons Law in writing to Justice Ministers to request consideration around provision for holistic defence in the Courts and Tribunals Bill. We hope the government seize this opportunity to embed this in the system.
