Over‐Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix It

In this monograph, Yates troubles the assumption that speedier court disposals are better, or preferable, for court users.i Drawing from his observations in one English magistrates’ court, Yates raises important questions about how justice ought to be done, and what values need to be balanced in its achievement. Efficiency, he suggests, is one of many. Others with which it must be balanced include proportionality, democratic representation, dignity, effective participation and verdict accuracy (p.6). When efficiency supersedes these, courts become ‘over-efficient’. This is a promising lens through which to analyse judicial reform; Yates is to be commended on the theoretical exposition of this lens, and the historical and political context he provides around the ascendancy of efficiency as a reform goal under neoliberal UK governments (Chapter 2).

Publication Details

Journal
Apollo (University of Cambridge)
Published
2025-09-25
DOI
https://doi.org/10.17863/cam.121645
Primary Topic
Global Financial Crisis and Policies
Type
article
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article

Over‐Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix It

Apollo (University of Cambridge)
Global Financial Crisis and Policies
article

Over‐Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix It

article en

Abstract

In this monograph, Yates troubles the assumption that speedier court disposals are better, or preferable, for court users.i Drawing from his observations in one English magistrates’ court, Yates raises important questions about how justice ought to be done, and what values need to be balanced in its achievement. Efficiency, he suggests, is one of many. Others with which it must be balanced include proportionality, democratic representation, dignity, effective participation and verdict accuracy (p.6). When efficiency supersedes these, courts become ‘over-efficient’. This is a promising lens through which to analyse judicial reform; Yates is to be commended on the theoretical exposition of this lens, and the historical and political context he provides around the ascendancy of efficiency as a reform goal under neoliberal UK governments (Chapter 2).

Apollo (University of Cambridge)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Global Financial Crisis and Policies
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