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Access to Justice in Magistrates' Courts - A Study of Defendant Marginalisation (Hardcover)
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Access to Justice in Magistrates' Courts - A Study of Defendant Marginalisation (Hardcover)
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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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