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Transforming Summary 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 ce...
Review of the Criminal Courts of England and Wales
This report examines the purpose, structure and working of the criminal courts in the criminal justice system. In particular it considers: re-structuring and improving the composition of the criminal courts and the better matching of courts to cases; introducing a new structure for direction and better management of the criminal justice system; removing work from the criminal process that should not be there; improving preparation for trial and trial procedures and reform of the law of criminal evidence; simplification of the appellate structure. In proposing change attention is paid to the law of human rights and the potential of information technology to re-shape practices. However a central concern is the need to enhance public confidence in the whole system.
Observing Justice
This book examines public accountability and transparency in the criminal justice process, interrogating both traditional and changing digital methods of achieving open justice. Drawing on empirical studies conducted in courtrooms and a review of media court reporting and social media alongside their own experiences, the authors explore the human impact of inequality of access to the justice system and the potential issues with digitised courts data. Crucially, the book challenges the confusion and inconsistency which characterises justice system data management within and beyond England and Wales. In doing so, it considers ways in which access to justice, rehabilitation of offenders and public accountability could all be enhanced.
Archbold, International Criminal Courts
Presents a statement of the law and practice of Scotland's sheriff courts
Blackstones' Handbook of Youths in the Criminal Courts
This new edition of Blackstone's Handbook of Youths in the Criminal Courts reflects major developments in the law and practice relating to youths in the criminal justice system. The volume has been thoroughly updated to take account of the raft of changes since the previous edition in 2018. The book covers the entire range of issues specific to the treatment of young people in criminal courts, the principles and practice of the Youth Justice System, the issues of jurisdiction, effective participation and fair trial, the use of special measures, and the complications of sentencing procedure and practice. It updates all references to the Criminal Practice Directions to take account of the new ...
Crime, Courtrooms and the Public Sphere in Britain, 1700-1850
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular par...
Criminal Judicial Review
This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Crimina...
Sentencing and the Legitimacy of Trial Justice
This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in ...
The Framework of Criminal Justice
In The Framework of Criminal Justice, originally published in 1981, the criminal justice process is analysed by using six models, each of which expresses a different justification for criminal justice and punishment: the due process model – exacting justice between equal parties; the crime control model – punishing wrong and preventing further crime; the bureaucratic model – controlling crime and criminals; the medical model – rehabilitating offenders; the status passage model – publicly denouncing the crime and criminal; and the power model – maintaining domination by the ruling class and reinforcing class values. The study examines the formal rules and procedures of the magistr...
