Unlocking The English Legal System

Huxley-Binns, Rebecca; Martin, Jacqueline

doi:10.4324/9780203782958

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Theorising Lay Justice1

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2014

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“…These have been important developments in improving magistrates' competency across a range of different case types. Magistrates are bound by the rules of the legal system, court procedure and sentencing guidelines. Local justice need not therefore undermine judicial independence or sentence consistency.…”

Section: Theorising Lay Justicementioning

confidence: 99%

Reforming the Role of Magistrates: Implications for Summary Justice inEngland andWales

Donoghue¹

2014

Modern Law Review

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The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.

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Section: Theorising Lay Justicementioning

confidence: 99%

Reforming the Role of Magistrates: Implications for Summary Justice inEngland andWales

Donoghue¹

2014

Modern Law Review

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Unlocking The English Legal System

Cited by 1 publication

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Reforming the Role of Magistrates: Implications for Summary Justice inEngland andWales

Reforming the Role of Magistrates: Implications for Summary Justice inEngland andWales

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