Transforming 'summary justice' through police-led prosecution and 'virtual courts': is 'procedural due process' being undermined?

Article


Ward, J. 2015. Transforming 'summary justice' through police-led prosecution and 'virtual courts': is 'procedural due process' being undermined? The British Journal of Criminology. 55 (2), pp. 341-358. https://doi.org/10.1093/bjc/azu077
TypeArticle
TitleTransforming 'summary justice' through police-led prosecution and 'virtual courts': is 'procedural due process' being undermined?
AuthorsWard, J.
Abstract

The administration of ‘summary’ justice in the lower criminal courts in England and Wales is undergoing significant transformation. Broadly, this sits within the desire to create a modernised and more streamlined system. But, criminal justice scholars state ‘swift justice’ is not necessarily fair justice, and ‘procedural due process’ might be challenged by objectives of economics and speed. This paper centres on two areas of change - the expanded role of the police in prosecutorial decision-making, and the introduction of ‘virtual courts’ where accused defendants appear via video link from police stations to the criminal courts. It is argued these two alterations call into question fundamental principles of procedural due process.

Keywordspolice-led prosecution; magistrates' courts; procedural due process; virtual courts; summary justice; neoliberalism
LanguageEnglish
PublisherOxford University Press (OUP)
JournalThe British Journal of Criminology
ISSN0007-0955
Electronic1464-3529
Publication dates
Online08 Oct 2014
Print31 Mar 2015
Publication process dates
Deposited17 Apr 2015
Output statusPublished
Accepted author manuscript
Copyright Statement

This is a pre-copyedited, author-produced version of an article accepted for publication in British Journal of Criminology following peer review. The version of record Jenni Ward; Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’: Is ‘Procedural Due Process’ Being Undermined?, The British Journal of Criminology, Volume 55, Issue 2, March 2015, Pages 341–358, is available online at: https://academic.oup.com/bjc/article/55/2/341/595012 and https://doi.org/10.1093/bjc/azu077.

Digital Object Identifier (DOI)https://doi.org/10.1093/bjc/azu077
Web of Science identifierWOS:000351057700008
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