NCJ Number
102936
Journal
Journal of Law and Society Volume: 13 Issue: 2 Dated: (Summer 1986) Pages: 225-239
Date Published
1986
Length
15 pages
Annotation
This study used observations of British lay magistrate courts and interviews with court clerks to examine how clerks operate, pressures on clerks, and their attitude and practices pertaining to unrepresented defendants.
Abstract
The nine courts involved in the study ranged from busy city courts to a court serving a rural district. Even in magistrates' courts with established duty solicitor schemes there are still large numbers of defendants unrepresented by legal counsel. In such cases, the clerk is responsible for ensuring that the due process rights of the defendant are protected. This study interviewed 50 clerks to determine their attitudes and practices in relation to unrepresented defendants. Fifty-eight percent of those interviewed indicated that helping unrepresented defendants is a satisfying part of their jobs. Most clerks evidenced this in the help they provided unrepresented defendants. Variations in the quality of help clerks offered unrepresented defendants was due more to the characteristics of individual clerks than the policies of particular magistrates' courts. Pressures on clerks' time impacted the quality of help they offered unrepresented defendants. This problem can be addressed by providing more resources to magistrates' courts. Clerks should also be trained in the skills required to give proper legal help to unrepresented defendants. 18 references.