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Technologies of bureaucracy, standardisation and defendant marginalisation in summary criminal proceedings

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posted on 2023-06-09, 06:59 authored by Lucy WelshLucy Welsh
Since the 1980s, successive governments have become increasingly distrustful of professional judgment in those services which remain funded by the state, including the criminal justice system. Against this background governments sought to increase efficiency in summary criminal courts. One way that this seems to have occurred is via the use of standardised forms in case progression. During 2013, I conducted empirical research in which the reliance placed on standardised case management forms became apparent. As a result of that research, I argue that, while such documents may have increased the speed at which cases progress, they have the (unintended) consequence of marginalising defendant participation and limiting the types of legal issue that are litigated. As such, access to justice becomes limited to only those issues that the court is prepared to make time to consider.

History

Publication status

  • Published

File Version

  • Published version

Presentation Type

  • other

Event name

Law and Society Association International Meeting

Event location

Mexico City, Mexico

Event type

conference

Event date

20-23 June 2017

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • No

Legacy Posted Date

2017-07-04

First Open Access (FOA) Date

2017-07-04

First Compliant Deposit (FCD) Date

2017-07-04

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