The British criminal justice system is far from neutral. Sociological research shows that social class, race and neurodivergence shape outcomes at every stage of policing, prosecution, court and custody. Far from embodying blind justice, the system reflects structural inequalities that disadvantage working‑class and marginalised communities, while elite privilege remains embedded in its institutions.
Class Inequality and Access to Justice
One of the most enduring inequalities in the legal system is class‑based. Socio‑legal research shows that cuts to legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 have profoundly undermined access to justice for people on low incomes. LASPO removed legal aid from vast areas of civil and criminal law, leaving many defendants without representation, and forcing them to navigate complex proceedings alone. Research in Amicus Curiae and interviews with frontline practitioners concluded that these reforms have “undermined access to justice in England and Wales” and disproportionately harmed the most vulnerable. journals.sas.ac.uk
Further work on access to justice highlights how legal aid cuts have narrowed eligibility so sharply that many working‑class individuals can no longer access basic legal support for welfare, housing and criminal defence, even where fundamental rights are at stake. For some commentators, the reforms represent a retreat from social citizenship and public legal support, leaving poorer litigants at a structural disadvantage. Enlighten Publications
Class inequality also extends into the judiciary. Research by the Sutton Trust has repeatedly found that senior judicial posts remain dominated by privately educated and Oxbridge‑educated elites. Around 62% of senior judges were privately educated, a vastly disproportionate figure compared with the general population, constraining diversity of life experience and understanding within the judiciary itself. Law Gazette
Racial Disparities and Policing Practices
Policing practices in the UK reflect long‑standing racial disproportionality. Socio‑legal scholarship has documented how stop and search powers are applied unevenly. Analysis of Home Office data shows that Black, Asian and Minority Ethnic (BAME) individuals are stopped and searched at rates substantially higher than white people, even after controlling for population differences. Ethnicity Facts and Figures
Scholars such as Bowling and Phillips have reviewed evidence that these disparities cannot be fully explained by differences in offending rates and that racial bias influences the exercise of police discretion. Their work has argued that disproportionate stop and search practices contribute to the over‑representation of young Black men at early stages of criminal justice processing and erode community trust. UK Parliament Committees
Structural bias is not limited to stop and search alone. Independent inspection of police data has repeatedly shown that ethnic minorities experience use of force at higher rates and that racial disparities persist across different policing activities, raising questions about institutional practices and oversight. Police Conduct
Neurodivergence: Invisible, Misunderstood, Criminalised
Beyond class and race, a growing academic and policy literature highlights how the justice system fails people with neurodevelopmental differences. Neurodivergent individuals — including those with ADHD, autism spectrum conditions, dyslexia and other cognitive differences — appear at disproportionately high rates in forensic populations, yet often remain undiagnosed and unsupported.
Recent research published in Criminal Behaviour and Mental Health found that about 50% of individuals arrested and detained in London scored above screening thresholds for possible undiagnosed ADHD, with a smaller proportion showing autistic traits, underscoring the prevalence of neurodivergence among people drawn into police custody. University of Cambridge
Broader evidence, synthesized in reviews of the criminal justice population, finds that neurodivergent conditions and associated learning or communication needs are more common among prisoners than in the general population — with estimates indicating substantial proportions have learning difficulties, communication challenges, ADHD traits, or dyslexia. Researchers emphasise the lack of systematic screening and appropriate adjustments, meaning many neurodivergent people go through arrest, interview, trial and prison without recognition of their needs, limiting their ability to engage effectively with the justice process. Prison Reform Trust
Critically, socio‑legal reviews such as the Criminal Justice Joint Inspection have concluded that support for neurodivergent defendants is inconsistent, with “serious gaps, failings and missed opportunities at every stage of the system”. This includes in policing, where lack of awareness can lead to misinterpretation of behaviour, and in courts, where communication differences can disadvantage defendants. Law Gazette
Intersectional Harms: Compounded Disadvantage
The effects of class, race and neurodivergence are not simply additive; they intersect to create compounded disadvantages. Individuals from working‑class backgrounds who are also members of racial minority groups and neurodivergent may face multiple layers of misunderstanding and bias, with limited resources to challenge wrongful charges or complicated procedures. Such intersectional harms are visible in lived‑experience research and policy analyses, which call for culturally competent, trauma‑aware, and neurodiversity‑informed reforms.
Towards Structural Reform
Sociological research paints a consistent picture: the British criminal justice system systematically disadvantages those without wealth, prestige or neurotypical conformity. These structural inequalities manifest in access to legal aid, policing practices, judicial composition, and the treatment of cognitive and communication differences.
If justice is to be more than a rhetorical ideal, it requires transformative reforms — from reinvesting in legal aid and diversifying the bench to eliminating racially disproportionate policing practices and embedding neurodiversity‑aware procedures across the criminal justice process. Without such changes, the promise of blind and equal justice will remain a myth for many in British society.
