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9 Pages Essays / Projects Year Uploaded: 2019

There is no doubt that the criminal process is a necessary legal mechanism in order to ensure justice before the court. The summary jurisdiction is considered as an important system in the local court based on the “two tries of justice” held by McBarnet[ D McBarnet, Conviction: The Law, the State and the Construction of Justice (Atlantic Highlands, New Jersey: Humanities Press, 1981) 123.]. McBarnet critically explains the influence of the loss of due process in the lower court through the idea of “the ideology of triviality”. Although it is clear that the summary procedure improves the efficiency of local courts and releases the pressure of the magistrates, it is arguable whether the importance of formalisation should exceed the procedural fairness.

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