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About our Partner:
JUSTICE is a law reform organisation that works to strengthen the justice system - administrative, civil and criminal – across the UK and promote the rights of individuals within it. For almost 60 years, JUSTICE has been at the heart of shaping the legal landscape in this country by carrying out research and analysis to generate, develop and evaluate recommendations for reform of the justice system. The cornerstone of this work is high quality evidence-based research drawing from the expertise of their membership and on international and comparative experience. For flagship projects they use working parties of their members and other stakeholders supported by their staff. This approach has long produced reports which have resulted in recommendations for authoritative, relevant solutions to critical issues.
About the Project:
The Criminal Justice System (“CJS”) is failing to adequately address the societal challenges it was set up to tackle. Overstretched resources and delays in process are exacerbating the problem. JUSTICE is working towards achieving a system in which fewer people are criminalised, people are treated fairly and equally, and prison is used only as a last resort.
In order to achieve this, we need to improve the CJS processes and procedure to ensure crime is investigated and addressed more efficiently and fairly. We also want to see a greater focus on alleviating the causes of criminal behaviour, through diversion and improved rehabilitation.
One strand of JUSTICE's work to achieve these aims focusses on the role and powers of magistrates. This work will primarily investigate how to improve the processes and outcomes in respect of lay magistrates’ custodial powers, a power under which a substantial number of people are imprisoned. JUSTICE aim to focus on decision-making that leads defendants to be either remanded in custody or sentenced to a term of imprisonment in cases where viable alternatives may avoid violation of the right to liberty while also reducing re-offending.
The magistrates’ courts project specifically seeks to avoid the use of prison, by improving decision-making in respect of bail and sentencing. This should result in a greater proportion of defendants being remanded on bail rather than in custody, as well as through an increased use of community sentences, which would allow defendants to retain their community involvement, family life and employment prospects – important factors in reducing reoffending. It will also indirectly benefit BAME defendants, who are remanded in custody more often than white defendants.
JUSTICE will carry out its investigation of magistrates’ courts through its working party model. In order to gather the information that will inform and direct the work of the working party, JUSTICE have compiled a pro-forma hearing log for use by researchers attending and observing in magistrates’ courts. To collect this data, JUSTICE have partnered with the UCL Centre for Access to Justice (CAJ).
The Role:
The CAJ are recruiting volunteers who will attend hearings in magistrates' courts and fill out a pro-forma hearing log. Students can attend hearings in any Magistrates Court in England and Wales.
The pro-forma will be used to gather information primarily in respect of:
• The result of the bail hearing;
• The profile of the defendant and the seriousness of the alleged offence;
• The quality of the submissions made by the Crown and by the Defence;
• The attitude of the Bench towards both the Crown and the Defence;
• Whether in justifying their decision to remand a defendant in custody, the magistrates have
properly followed the test in the Bail Act;
• Whether the magistrates reasoned their decision in deciding upon bail and if so the quality of
that reasoning; and
• The makeup and profile of the bench.
The information collected by the CAJ will inform the working party discussion as to whether – and if so what – reforms may be appropriate to improve the quality of the decision-making process in magistrates’ courts, the makeup of the Bench and ultimately whether a lay magistracy is the best way of conducting the majority of
criminal cases in the UK.
We understand that for students who have not been to a court before it can be a potentially confusing and slightly intimidating process. A guidance document explaining to students how the hearing log is to be filled out is also being provided. In this we will explain the content and categories in the hearing log itself, as well as what a student can expect when they go to court, how they should navigate the courtrooms, interact with staff and identify where the day’s custody list is being heard.
We are looking for volunteers who can demonstrate;
An interest in getting involved with empirical legal research (prior experience of being directly involved in empirical legal research is desirable, but not essential);
A commitment to or an awareness of social justice issues;
Awareness of the need to maintain confidentiality;
Willingness and ability to be flexible, open minded, and non-judgemental regarding individuals involved in criminal justice processes;
Reliability and commitment, good interpersonal and communication skills, including written and oral;
Excellent organisational skills; and
Strong administrative skills.
Time Commitment:
- The data collection period for this project is between December 2019 and March 2020 meaning that all hearings should be logged during this time.
- Students are expected to log 15-20 hearings (each hearing is approximately 5-10 minutes long) though students can submit more logs if they wish.
- This role is flexible and students can visit the Court to observe hearings when it suits their schedule.
Please note that as each hearing is only 5-10 minutes long, students spending a morning at a court would likely be able to see at least 5 hearings and thus you would not be required to make 15-20 separate trips to a court in order to fulfil your required number of hearing logs.
To apply:
Student researchers will be recruited on a rolling basis, and applications are now open. However as the data is being collected between December-March, to ensure the likelihood of being involved please make sure to apply sooner rather than later.
To apply, please complete the online application form here as well as our equality and diversity questionnaire.
If you have any queries please contact the Centre for Access to Justice Team at accesstojustice@ucl.ac.uk
This project is open to undergraduate and postgraduates of any discipline.