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Reforming the role of magistrates: implications for summary justice in England and Wales

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Reforming the role of magistrates: implications for summary justice in England and Wales. / Donoghue, Jane.
In: Modern Law Review, Vol. 77, No. 6, 30.11.2014, p. 928-963.

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Donoghue J. Reforming the role of magistrates: implications for summary justice in England and Wales. Modern Law Review. 2014 Nov 30;77(6):928-963. Epub 2014 Nov 3. doi: 10.1111/1468-2230.12097

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@article{8f4e4193f12e4a73b5a8d6a1c0eccc62,
title = "Reforming the role of magistrates: implications for summary justice in England and Wales",
abstract = "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 {\textquoteleft}strengthen{\textquoteright} 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 whichseek 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.",
keywords = "lay magistrates, summary justice, out of court disposals, neighbourhood justice panels",
author = "Jane Donoghue",
year = "2014",
month = nov,
day = "30",
doi = "10.1111/1468-2230.12097",
language = "English",
volume = "77",
pages = "928--963",
journal = "Modern Law Review",
issn = "0026-7961",
publisher = "Wiley-Blackwell",
number = "6",

}

RIS

TY - JOUR

T1 - Reforming the role of magistrates

T2 - implications for summary justice in England and Wales

AU - Donoghue, Jane

PY - 2014/11/30

Y1 - 2014/11/30

N2 - 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 whichseek 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.

AB - 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 whichseek 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.

KW - lay magistrates

KW - summary justice

KW - out of court disposals

KW - neighbourhood justice panels

U2 - 10.1111/1468-2230.12097

DO - 10.1111/1468-2230.12097

M3 - Journal article

VL - 77

SP - 928

EP - 963

JO - Modern Law Review

JF - Modern Law Review

SN - 0026-7961

IS - 6

ER -