Informality in magistrates’ courts as a barrier to participation

Abstract

Magistrates' courts are the workhorses of English and Welsh criminal process. Efficient processing of high caseloads in these courts depends on a cohesive network of co-operation among the parties. That co-operation depends on a culture of perceived informality among courtroom personnel, whilst proceedings are actually subject to nuanced uses of legal and procedural provisions. Those nuances are obscured by the seemingly informal way that the workgroup operates to keep magistrates’ courts functioning so that they can manage high volume caseloads. Here I argue that the veil of informality that falls over magistrates' court proceedings undermines defendants' abilities to participate in proceedings. Data gathered through observation of magistrates’ court proceedings and follow up interviews with lawyers highlighted that the courtroom workgroup operates as a network perpetuating co-operative behaviours. That data suggests defendants cannot properly participate because a strong culture of workgroup co-operation both informalises the proceedings and obscures their complexity.