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Addressing Problems of Delay in Limited Jurisdiction Courts - A Report on Research in Britain

NCJ Number
79082
Journal
Justice System Journal Volume: 6 Issue: 1 Dated: special issue (Spring 1981) Pages: 44-72
Author(s)
B Mahoney; P B Winberry; T W Church
Date Published
1981
Length
29 pages
Annotation
Findings are presented from a study of case-processing practices in British magistrates' courts.
Abstract
This 1979 study included a review of available British and American literature on court delay, collection of data from court records, observation of court proceedings, and interviews with persons involved in the processing of cases in magistrates' courts. A total of 14 courts were visited, and about 80 persons were interviewed. The research was exploratory, aimed at obtaining rough preliminary information on the range of case-processing times in different types of cases, identifying factors that appear to affect the length of these periods, and developing plans for more detailed inquiry and experimental delay-reduction programs. Although the preliminary findings are necessarily tentative, they suggest that the problems faced by British magistrates' courts are similar to those found in American misdemeanor courts. Magistrates' courts are commonly characterized by limited resources, an absence of established case flow management standards and procedures, rudimentary recordkeeping practices, a lack of useful management information, and relatively poor communications between court officials and others involved in the court process. High case volume is often a problem, especially in urban areas, and contributes to pressure on magistrates to handle matters speedily in court. Overall case-processing times vary widely from court to court. Delays of many weeks often occur in 'non-routine' cases, including almost any case where guilt or innocence will be contested at trial. The similarity that these problems bear to the situation in American misdemeanor courts suggests that there may be considerable value in comparative cross-national research in this area. Tabular data, 15 footnotes, and 33 references are provided. (Author summary modified)