Work

How are unrepresented defendants treated in magistrates’ courts?

Year: 2025

Type: article

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.

Source: Criminology & Criminal Justice

DOI: 10.1177/17488958241312520

Author: Charlotte Walker

Institution: York St John University

Language: English

Topic: Legal Education and Practice Innovations

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Reduced inequalities

Open Access status: hybrid

Estimated APC paid: $3,650