Access to Justice in Magistrates' Courts

A Study of Defendant Marginalisation

Lucy Welsh (University of Sussex, UK)

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English

Hart Publishing
29 June 2023

Legal profession: general; Courts & procedure; Criminal law & procedure

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.

By: Lucy Welsh (University of Sussex UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509956777
ISBN 10: 1509956778
Pages: 240
Publication Date: 29 June 2023
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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

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

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 *