Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’

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 modernized 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.

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