《THE ADMIMSTRATION OF JUSTICE》

Part Ⅰ: Institutions and Processes1

1 Institutions and Processes3

Introduction3

Distinguishing Between Civil and Criminal Proceedings5

Institutions7

Processes10

Part Ⅱ: The Criminal Process11

2 Magistrates’ Courts and the Crown Court13

Introduction13

Magistrates and Magistrates’ Courts13

The Crown Court16

The Relationship Between Magistrates’ Courts and the Crown Court17

3 From Suspect to Defendant: The Role of the Police19

Introduction19

How Do the Police Use Their Time?21

How Good Are the Police at Detecting Crime?21

Police Choice22

The Power to Stop and Search24

The Power of Arrest26

Powers of Entry, Search and Seizure31

Detention and Questioning of Suspects35

Bail From a Police Station39

The Decision to Prosecute40

The Conduct of the Prosecution42

A Note on Complaints Against the Police44

4 The Defendant in the Magistrates’ Court47

A Variety of Tasks47

Getting Legal Help48

Getting Adjournments and Bail53

Determining Which Court Is to Deal With the Case58

Committal for Trial62

Trial63

Sentencing66

5 The Defendant in the Crown Court69

The Features of Trial on Indictment69

Legal Aid and Representation71

Plea Bargaining73

The Role of the Jury78

Trial and Sentencing89

Concluding Comment91

6 Challenging the Decision of the Trial Court92

Introduction92

Appeal Following Summary Trial93

Appeal Following Trial on Indictment97

The Royal Prerogative of Mercy107

Appeal to the House of Lords108

Concluding Comment111

7 Understanding the Criminal Justice System112

Introduction112

Models of Criminal Justice113

An Alternative Analysis117

Concluding Comment119

Part Ⅲ: The Civil Process121

8 Dealing With Major Claims123

The Context of Litigation123

Accident Compensation Claims125

Contract Claims135

Some General Issues137

Enforcing the Judgment139

Appendix141

9 Dealing With Small Claims144

Introduction144

Practice and Procedure in theCounty Courts145

The Voluntary Small Claims Schemes151

Trade Association Arbitration Schemes Under OFT Codes153

Strategies for Reform of Small Claims155

10 The Appellate Process159

Introduction159

Getting Advice on Appealing159

Rights of Appeal160

The Powers of the Court of Appeal161

Managing the Business of the Court of Appeal163

Appeal to the House of Lords166

The Functions of Civil Appeal Courts169

Do We Need Two Levels of Appeal Court?173

Are the Judges Fitted for the Task of Making Law?174

11 What Are Tribunals?177

Introduction177

Historical Background178

The Impact of the Report of the Franks Committee179

The Range of Tribunals Today180

Judicial Control and Supervision of Tribunals183

Control by the Council on Tribunals186

12 Tribunals in Action189

Introduction189

Tribunals and Social Security189

Tribunals and Employment203

13 A Critique of Tribunals212

Tribunals in Context212

Typologies of Tribunals214

Involving Lay Members in Decision-making217

The Presidential System218

The Role of Advice and Advocacy218

Concluding Comment222

Part Ⅳ: The Delivery of Legal Services225

14 The Delivery of Legal Services: The Private Sector227

Introduction227

The Organisation of the Profession230

Paying for Legal Services240

The Work of Lawyers244

Concluding Comment245

15 The Delivery of Legal Services: The Public Sector246

Introduction246

Unmet Need for Legal Services246

The Rise of the State-paid Lawyer250

The Law Centre Movement253

The Royal Commission Proposes Citizens’ Law Centres256

Para-legal Advisers258

The Management of Legal Services259

Concluding Comment261

Part Ⅴ: Recurring Themes263

16 Recurring Themes265

Introduction265

The Concept of Due Process of Law265

Access to Justice266

The Role of Lay Persons as Decision-makers267

The Need for Advice, Assistance and Representation269

Concluding Comment270

Bibliography271

Author Index280

Subject Index284