How are unrepresented defendants treated in magistrates’ courts?

This article examines how unrepresented defendants are treated in magistrates’ courts in England and Wales. The findings are based on a small-scale study where 20 court actors were interviewed and 403 court hearings were observed. It is argued that although there are examples of good practice, where court staff do treat unrepresented defendants well and assist them to participate in the process, more needs to be done in relation to this. Currently, factors such as efficiency concerns are being prioritised over defendant engagement. This makes it more difficult for unrepresented defendants to participate in the process, which undermines their due process, liberal democratic and human rights.

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Publication Details

Journal
Criminology & Criminal Justice
Published
2025-02-21
DOI
https://doi.org/10.1177/17488958241312520
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00

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article

How are unrepresented defendants treated in magistrates’ courts?

Charlotte Walker
Criminology & Criminal Justice
Criminal Law and Evidence
article

How are unrepresented defendants treated in magistrates’ courts?

Charlotte Walker
article en

Abstract

This article examines how unrepresented defendants are treated in magistrates’ courts in England and Wales. The findings are based on a small-scale study where 20 court actors were interviewed and 403 court hearings were observed. It is argued that although there are examples of good practice, where court staff do treat unrepresented defendants well and assist them to participate in the process, more needs to be done in relation to this. Currently, factors such as efficiency concerns are being prioritised over defendant engagement. This makes it more difficult for unrepresented defendants to participate in the process, which undermines their due process, liberal democratic and human rights.

Criminology & Criminal Justice
York St John University (GB)
Economic and Social Research Council
Openalex Percentile: Top 95%
Criminal Law and Evidence
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