The Magistracy At The Crossroads

Backed by the Magistrates’ Association and coincides with the 650th anniversary of JPs. Essential reading for criminal justice practitioners, this is a key text at a critical time for government and the courts and is supported by a substantial media campaign. A celebratory volume and collection piece. After 650 years justices of the peace find themselves at a crossroads. This book looks at the role of one of the UK’s oldest institutions in a rapidly changing world. Well-informed, thought-provoking and published at a critical time when government is looking to find ever more efficient and cost-effective ways to deliver justice, this book by leading commentators from the courts, universities, the media and the magistracy itself examines the options for the future. It looks at economic and other pressures as well as demands for new kinds of community justice and changing ideas about public and voluntary service. It’s sheer breadth, expertise and diversity of views means it will be in demand across the criminal justice system as the best word on the subject. What is the modern-day role of the magistracy and how might it better serve the citizens to whom it ultimately belongs? From an age-old institution as a bastion of democracy to the idea that there should be fresh avenues of engagement and a greater sense of a fairness and transparency, each of the distinguished contributors’ chapters adds to the considerable value of a highly innovative and readable work.

After 650 years justices of the peace find themselves at a crossroads. This book looks at the role of one of the UK's oldest institutions in a rapidly changing world.

A rare insight and celebration of the magistracy, Our Magistracy sets out its core role and values and identifies mistakes by politicians, administrators, bureaucrats and others. By a former chairman of the Magistrates Association of England and Wales. In this thoroughly informed account of the magistracy the author deals with key issues touching on that institution. Focussing on what Lord Bingham, Lord Chief Justice, described as a ‘democratic jewel beyond price’, he explains its rationale, goals and over-riding values. Dealing with major developments, economics, management, day-to-day practicalities and changing times the author casts an experienced eye over summary justice, law and order and its fascinating history of local administration. Describing the magistracy as a great national institution, independent, respected and a true people’s court, John Hosking nevertheless decries a halving of its size, closure of courthouses, remote services and increasing reliance on professional judges rather than community volunteers. Though much has changed for the better to increase competency, meet criticism and maintain integrity, the book explains how other developments have challenged the very status of the lay magistracy and made inroads into one of the most cherished principles of our democracy: public participation in the justice system. Extracts ‘It … ill-behoves politicians and reformers to support actions which may be designed to improve the justice system as a whole, but which devalue the magistracy in the process. Likewise, the sustainability of the magistracy can only be assured if the popular demands of the present … are met without compromising the future of the whole institution.’ ‘In addition to its unquestioned integrity and independence, the most persuasive reason for having a lay magistracy is that … it manifestly does a good job at a very low cost.’

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.

Highlighting key issues in Criminal Justice that students need to consider, the Fifth Edition of this popular text contains a wide and varied selection of materials which help to explain the evolution of the criminal justice process in England and Wales since the early 1990s. Statutes, case law, empirical research and official and unofficial reports, as well as theoretical perspectives and academic comment are woven together and contextualized by the accompanying narrative to provide an authoritative account of the recent development of the criminal justice system. Fully updated, this Fifth Edition explores the issues around: • the introduction of Police and Crime Commissioners; • the contracting out of probation services; • the significant reforms to legal aid funding; • the challenges to trial by jury posed by the internet. This book also helpfully directs students to further reading by chapter to provide next steps for research. Written in an accessible style, Text and Materials on the Criminal Justice Process is a valuable resource for students of criminal justice.

Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

Servant of the Crown takes the reader inside Whitehall to see how issues of the day were handled and policies formed as the author progressed to working alongside Home Secretaries and other senior politicians. Charting high profile events and everyday activities, it covers government’s approaches towards political, strategic and operational situations, looking also at traditions of public service and freedom under the law. Centrally the book discusses the relationship between civil servants and ministers; also with judges, magistrates and criminal justice services across a 30-year time frame (from the late-1950s to the early-1990s). It includes an explanation of the author’s understanding of a civil servant’s duty as a servant of the Crown, historically and in a world where public services have become increasingly subject to political intervention. The book is illustrated by examples of the interaction between political and professional points of view, covering situations familiar to the police, courts and correctional services. Equally it will be of interest to students of government, especially those concerned with how policy is formulated in answer to the immediacy of political events or the continuum of knowledge and experiences of civil servants (whichever administration is in power). With a Foreword by the Rt Hon Sir John Chilcot, GCB. ‘Raises crucial questions about … the proper roles of civil servants and politicians’: Professor Rob Canton. ‘Enriches our understanding’: Professor David Downes. ‘Anyone interested in the state and its relationship to citizens should read [this book]’: Professor Graham Towl. ‘A uniquely rewarding book’: John Chilcot.