Access to Justice in Magistrates' Courts: A Study of Defendant Marginalisation

Author:   Lucy Welsh
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509937837


Pages:   208
Publication Date:   27 January 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Access to Justice in Magistrates' Courts: A Study of Defendant Marginalisation


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Overview

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. ‘Access to justice’ refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates’ courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates’ court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

Full Product Details

Author:   Lucy Welsh
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.463kg
ISBN:  

9781509937837


ISBN 10:   1509937838
Pages:   208
Publication Date:   27 January 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction: Accessing Justice in Magistrates' Courts I. The Genesis and Aims of the Book II. Defendant Participation, Access to Justice and Legal Aid III. The Nature and Structure of Summary Justice IV. An Introduction to the Magistrates' Court Workgroup V. Neoliberalism and Criminal Justice VI. The Process of Investigating Summary Justice VII. Structure of the Book 2. Politics, Legal Aid and Access to Justice I. Introduction II. The Mechanics of Legal Aid III. Which Political Values Shape Access to Criminal Justice? IV. The Development of Legal Aid Policy V. Expanding the Provision of Legally Aided Representation VI. State Crisis and Legal Aid VII. New Labour's Approach to Legal Aid: Marketisation and Efficiency VIII. Austerity: The Coalition and Conservative Governments IX. Summary 3. The Culture of Summary Criminal Justice I. Introduction II. Defendant Experiences and the Culture of Summary Justice III. The Influence of Professional Networks IV. Efficient (aka Speedy) Case Progression V. Removing Defendant Presence to Improve Efficiency VI. Speed Through Standardisation VII. Cooperation within the Workgroup VIII. Plea and Charge Negotiations IX. Challenging Efficiency Through Due Process and Procedural Fairness X. Summary 4. The Legalisation of Summary Criminal Justice I. Introduction II. Magistrates' Courts as 'Law-Free Zones' III. Professionalising Magistrates' Courts IV. Case Complexity in the Magistrates' Courts V. Evidence of (Implicit) Legalisation VI. Court Legal Advisers and Defendants VII. Summary 5. Legal Aid Funding, Lawyers and Defendant Participation I. Introduction II. Levels and Methods of Representation III. Uncertainty and Managing Risk IV. The Effect of Fixed (or Standard) Fees V. Defendants, Lawyers and the Legal Aid Application Process VI. Delay VII. Duty Solicitors at Court VIII. Court-Appointed Advocates IX. Summary 6. Conclusion: The Defendant's Role in Summary Criminal Justice I. Reflections on Politics, the Magistrates' Court Workgroup and Access to Justice II. Reflections on Defendants in Magistrates' Courts III. Reflections on what Defendant Participation Means for Access to Justice IV. Improving Access to Justice Through the Lens of Participation

Reviews

Welsh covers a range of important issues within her book ... and addresses a gap in the literature ... the book is invaluable for researchers, academics, practitioners, policy makers and students who are interested in the topic and gives rise to much food for thought. -- Charlotte Walker * Criminal Law Review *


Author Information

Lucy Welsh is Lecturer in Law at the University of Sussex, UK.

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