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Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

Jane Donoghue

The Modern Law Review, Volume: 77, Issue: 6, Pages: 928 - 963

Swansea University Author: Jane Donoghue

Abstract

This paper examines current government proposals to reorient and ‘strengthen’ the function of lay magistrates through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. It is argued that, taken in isola...

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Published in: The Modern Law Review
ISSN: 0026-7961
Published: 2014
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa24178
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Abstract: This paper examines current government proposals to reorient and ‘strengthen’ the function of lay magistrates through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. It is argued that, taken in isolation, these measures 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.
Item Description: This article is in the top 25% of all research outputs scored by Altmetric.
Keywords: lay magistrates; summary justice; out of court disposals; neighbourhood justice panels
College: Hillary Rodham Clinton School of Law
Issue: 6
Start Page: 928
End Page: 963