Access to Justice in Magistrates' Courts

A Study of Defendant Marginalisation

Lucy Welsh author

Format:Hardback

Publisher:Bloomsbury Publishing PLC

Published:27th Jan '22

Currently unavailable, and unfortunately no date known when it will be back

Access to Justice in Magistrates' Courts cover

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. It is based on socio-legal research carried out in four magistrates' courts in South East England and based on interviews with defence lawyers and Crown prosecutors.

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.

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 *
Welsh’s Access to Justice in Magistrates’ Courts perhaps epitomises the foundational commitment within Socio-Legal Studies to the margins, the overlooked, and the perennial problems of law in society. * Frontiers of Socio-Legal Studies *

ISBN: 9781509937837

Dimensions: unknown

Weight: 463g

208 pages