Access To Justice In Magistrates Courts

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.

In this concise and valuable book the authors distil their vast expertise for the benefit of all those needing quick and targeted points of reference on key aspects of magistrates’ court law, whether as newcomers, justices, legal advisers, or criminal practitioners. Hugely informed and presented in an accessible format, it explains the central law, practice and procedure of these courts. The framework of summary justice has changed comprehensively in the past decade in terms of evidence, procedure, guidelines, sentencing, training and the fair but efficient expedition of cases. This book sets out these developments as well as inescapable aspects of case management. Gathers core information in one place. Sets out key processes in a manageable and readable way. Reviews 'Readable and blissfully concise... There are some nuggets for every reader, however much we might think we know... An excellent addition to the bookshelf at a modest price'-- The Law Society Gazette (external link). ‘Howard Riddle and Robert Zara have effectively produced a must-read for any judge, magistrate or lawyer practising in the magistrates’ courts. This book will become the reference book to carry to court … We thoroughly recommend it to all new judges, deputies and magistrates’— Emma Arbuthnot, Senior District Judge (Chief Magistrate) for England and Wales; John Bache, Chairman of the Magistrates Association; Duncan Webster, Chairman, Magistrates’ Leadership Executive. ‘A very clear, succinct and practical guide which would be of great value to a pupil or junior practitioner finding their feet’— Anna Banfield, BPP. ‘How useful your book is and how clear and well written I have found it. Undoubtedly an extremely useful resource’— Tom Lees JP, Greater Manchester.

At a time when the legal aid system is facing a major overhaul, this book draws attention to the potential and limits of legal aid for achieving criminal justice for defendants. In bringing together 16 experienced writers and researchers who are prominent in this field, it takes the readerbeyond the hitherto narrow discussion over legal aid, and demonstrates its importance in defending liberty and achieving justice. By drawing on empirical research findings and socio-legal analysis, the authors explore the reasons why legally-aided lawyers have failed, by and large, to turn thetheories that underlie legal aid into a practical reality. The book also shows that legal aid can at least be used to ameliorate the injustice of the criminal process itself, however, to do so the potential for criminal justice within the existing system needs to be exploited to the full.

This book examines how major but often under-scrutinised legal, social, and technological developments have affected the transparency and accountability of the criminal justice process. Drawing on empirical and evaluative studies, as well as their own research experiences, the authors explore key legal policy issues such as equality of access, remote and virtual courts, justice system data management, and the roles of public and media observers. Highlighting the implications of recent changes for access to justice, offender rehabilitation, and public access to information, the book proposes a framework for open justice which prioritises public legal education and justice system accountability.

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

FOURTH EDITION'This is an excellent book to get you started in the magistrates' court no matter what your level of participation': David Simpson (District Judge)The FOURTH EDITION of this popular work contains a basic explanation of the work of the magistrates' court and an outline of jurisdiction, procedures, sentencing and other powers - plus proposals for reform. Contains a Glossary of Words, Phrases and Abbreviations 'The Language of the System'. 'An ideal introduction' Law Society Gazette (First edition). Other editions received excellent reviews, including from The Magistrate and Victim Support etc. 1. Outline of the System2. Magistrates', Chief Executives and Justices' Clerks3. Powers, Procedures, Fairness and Human Rights4. Criminal Cases and Evidence5. Sentencing6. The Youth Court and Youth Offending Teams7. The Family Proceedings Court and CAFCASS8. Licensing Matters9. Some Common Procedures (including e.g. Bail, disqualification and endorsement, protection from harassment, anti-social behaviour orders and general emergencies)10. Law, Lawyers and State Funded Legal Representation11. Appeals12. A Quality Service - including a note on the Auld report. This book also contains an extensive Glossary of Words, Phrases and Abbreviations - which sets out 'The language of the System' - and serves to open up the world of the magistrates' courts to newcomers. As such it is essential reading for anyone unfamiliar with magistrates' courts, joining the magistracy or, e.g. completing a project on those courts.