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Standing AccusedThe Organization and Practices of Criminal Defence Lawyers in Britain$
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Mike McConville, Jacqueline Hodgson, Lee Bridges, and Anita Pavlovic

Print publication date: 1994

Print ISBN-13: 9780198258681

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258681.001.0001

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Contested Cases in Magistrates’ Courts

Contested Cases in Magistrates’ Courts

Chapter:
(p.211) 9 Contested Cases in Magistrates’ Courts
Source:
Standing Accused
Author(s):

Mike McConville

Jacqueline Hodgson

Lee Bridges

Anita Pavlovic

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258681.003.0009

This chapter explores the trials in the magistrates' courts. It also focuses upon the decision-making of magistrates in cases in which defendants contest their guilt. If the prosecution case is focused around the evidence of police officers, evidence of the defence heavily relies upon the testimony of defendants themselves. In addition, it evaluates other systemic features which are influential in terms of outcome. Cases supported by police evidence tend to be well-constructed prosecutions which are resistant to attack even from well-coordinated defence witnesses. In magistrates' courts, the principal strength of prosecution cases lies in their heavy reliance upon evidence from the police. Even a conviction at trial may be ‘successful’ at some level for defendants. So far as conviction or acquittal is concerned, however, any success defence solicitors have at trials themselves, tends to be a product of what they can achieve ‘on their feet’ in court and whatever ‘turns up’ on the day.

Keywords:   magistrates, courts, defendants, prosecution, police officers, defence solicitors

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