Access to Criminal Justice

Transcription

1 Access to Criminal Justice Edited by Richard Young and David Wall Foreword by The Right Hon. Sir Thomas Bingham BLACKSTONE PRESS LIMITED

2 Foreword by The Right Hon. Sir Thomas Bingham v Preface xi List of Contributors xiii 1 Criminal Justice, Legal Aid, and the Defence of Liberty Richard Young and David Wall 1 1 Criminal legal aid in England and Wales II Access to criminal justice and the defence of liberty in The role of legal aid in society IV The administration of criminal legal aid V Controlling the costs of legal aid VI The impact of legal aid reforms: Structural constraints on access to justice VII Conclusion 2 The Development of Criminal Legal Aid in England and Wales Tamara Goriely 26 I The mid-eighteenth century: jury trial without lawyers II : increasing professionalisation III The criminal trial at the end of the nineteenth century IV The Poor Prisoners' Defence Act 1903 V Criminal legal aid in the 1920s VI The Poor Prisoners' Defence Act 1930 VII The Second World War, reconstruction and the Rushcliffe Committee VIE Initial enthusiasm meets economic reality: Rushcliffe's slow implementation IX The Widgery Committee X : fifteen years of expansion within magistrates' courts XI The criminal legal aid firm XII The content of criminal legal aid work XIII The Government's reaction XTV 1984 onwards XV Conclusion vu

3 3 Legal Aid, Human Rights and Criminal Justice Andrew Ashworth 55 I Why legal aid? II The European Convention on Human Rights III The European Convention and the English system IV Criminal justice beyond the European Convention V Conclusions 4 Criminal Legal Aid: Does Defending Liberty Undermine Citizenship? Francis Regan 70 I Introduction II Legal aid and citizenship III Legal mobilisation IV Interpreting legal resources V National legal aid in Australia VI Conclusion 5 At the Heart of the Legal: The Role of Legal Aid in Legitimating Criminal Justice Mel Cousins 98 I Introduction II The law and the legal III Civil and criminal legal aid IV The role of the criminal justice system V The role of criminal legal aid VI Criminal legal aid in the Republic of Ireland VII The structure of the Irish scheme VIII Alternative forms of 'access to justice'? IX Conclusion 6 Keyholders to Criminal Justice?: Solicitors and Applications for Criminal Legal Aid David Wall 114 I Recent policy developments in criminal legal aid II Applications for criminal legal aid III Solicitors' application practices IV Explaining why application behaviour did not change V Assessing the solicitors' key holding abilities VI What happens when legal aid is refused? VII Conclusion 7 Will Widgery Do?: Court Clerks, Discretion, and the Determination of Legal Aid Applications Richard Young 137 I Historical and political background II The legal framework III Methodological aspects of studying discretion IV The decision-making behaviour of court clerks V Conclusion viii

4 8 Administrative Justice Within the Legal Aid Board: Reviews by Caseworkers and Area Committees of Refusals of Criminal Legal Aid Applications Adrian Wood 164 I Introduction II The political and historical context of the review mechanism III Pattern of applications IV Professional domination of the system V The dynamics of the caseworker/area committee relationship VI Evaluating Area Office decision-making VII Conclusion 9 Controlling Lawyers' Costs Through Standard Fees: An Economic Analysis Alastair Gray, Paul Fenn and Neil Rickman 192 I Introduction II Standard fees and economic theory III Simulation study IV Standard fees and solicitor behaviour V Conclusions 10 Criminal Legal Aid Expenditure: Supplier or System Driven? The Case of Scotland Elaine Samuel 217 I Introduction II Supplier-induced demand and criminal legal aid III The criminal justice system and legal aid in Scotland IV Criminal legal aid as system driven: late changes of plea V Custody courts VI Assistance by way of representation VII Intermediate diets VIII Conclusion 11 Legal Firms, Lawyers' Attitudes and Criminal Legal Aid in Scotland Karen Kerner 238 I Introduction II The research samples III Who does legal aid work in Scotland? IV Defence agents' opinions and attitudes V Changes desired and implemented in Scottish criminal legal aid VI Conclusion 12 Access to Justice in the Police Station: An Elusive Dream? Andrew Sanders 254 I Introduction: the theoretical and historical background II Securing legal advice III Influences on request rates IV The nature and quality of legal advice and assistance V Addressing the quality issue VI Conclusion 13 The Reform of Criminal Legal Aid Lee Bridges 276 I A cautionary tale II Ideology versus pragmatic reform the Green Paper Ill From an open to a controlled market for legal services IV Conclusion ix

5 14 Criminal Legal Aid Reforms and the Restructuring of Legal Professionalism Hilary Sommerlad 292 I Introduction II The classical paradigm of legal professionalism and its erosion III The impact of the new managerialism upon professional autonomy IV Conclusion 15 Alternatives to Prosecution: Access to, or Exits from, Criminal Justice? Adam Crawford 313 I Introduction II Diversion from criminal prosecution: the 'alternatives' III The role of state-funded legal aid IV The involvement of lawyers V The role of the Crown Prosecution Service VI The voice of the victim VII The problem of 'net widening' VIII Exits from, or access to, justice? IX Managerialist and normative aims: an unresolvable conflict? X Conclusion Bibliography 345 Index 367