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

This book explores the ability of defendants to play an active and effective role in summary criminal proceedings, considering the socio-legal research conducted in four magistrates courts in South East England. It argues that recent governments have demanded efficiency and cost-saving in criminal justice, undermining principles that contribute to access to justice for defendants.

Format: Hardback
Length: 208 pages
Publication date: 27 January 2022
Publisher: Bloomsbury Publishing PLC

This book delves into the realm of access to justice in summary criminal proceedings, exploring the crucial aspect of defendants' ability to actively and effectively participate in the legal process. Access to justice encompasses not only the availability of legal aid but also the fundamental principle that justice should be accessible, transparent, and perceived by all involved parties. The foundation of this book is rooted in socio-legal research, conducted through an ethnographic approach. The study was conducted in four magistrates courts in South East England, where observations were made and interviews were conducted with defense lawyers and Crown prosecutors.

The book argues that defendants have historically been marginalized through specific characteristics of magistrates court proceedings, such as courtroom layout and patterns of behavior among professional workgroups. Moreover, the political climate in relation to defendants and access to justice, which has persisted since 2010, has further eroded their ability to engage actively in the process.

The book contends that recent governments have placed significant emphasis on efficiency and cost-saving in criminal justice. In this context, principles that promote access to justice for defendants have faced substantial undermining. The book emphasizes the need for a reassessment of these principles to ensure that justice is not compromised in the pursuit of operational efficiency.

Overall, this book provides a comprehensive examination of access to justice in summary criminal proceedings, shedding light on the challenges faced by defendants and the importance of preserving their rights and interests throughout the legal process. It serves as a valuable contribution to the ongoing debate on access to justice and its implications for a fair and equitable society.

Weight: 458g
Dimension: 163 x 328 x 18 (mm)
ISBN-13: 9781509937837