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

Autor Lucy Welsh
en Limba Engleză Paperback – 28 iun 2023
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.
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Specificații

ISBN-13: 9781509956777
ISBN-10: 1509956778
Pagini: 240
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.29 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

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

Notă biografică

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

Cuprins

PrefaceAcknowledgements1. Introduction: Accessing Justice in Magistrates' Courts 2. Politics, Legal Aid and Access to Justice 3. The Culture of Summary Criminal Justice 4. The Legalisation of Summary Criminal Justice 5. Legal Aid Funding, Lawyers and Defendant Participation 6. Conclusion: The Defendant's Role in Summary Criminal Justice BibliographyIndex

Recenzii

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.