Court vist and report
Literature Review: What questions and concerns about justice have been raised by the essential reference? Refer to theoretical perspectives in other references
just write about the law books about how long it takes for judges to go through the list and how important powerful they are, for and agaist, and court procdings ..
Mack, K. & Roach- Anleu, S. (2007) ? ?Getting through the list?: Judge craft and legitimacy in the lower courts? Social and Legal Studies,v
Roach- Anleu S., Mack, K. (2007) ?Magistrates, Magistrates Courts and Social Change?, Law and Policy
The Law HandbookYOUR PRACTICAL GUIDE TO THE LAW IN NEW SOUTH WALES
In the shadow of the law, the legal context of social work, thid ed, swain P, Rice S.
1. Describe the court you attended and explain where it fits in the court hierarchy. (5 marks)
2. How would an unrepresented person find legal advice or representation on his/her day in court? Give details of what you saw. (5 marks)
SECTION TWO: Observations and evaluation
Observe court proceedings and evaluate the quality of justice delivered. You should deal with access to representation and the conduct of the proceedings as part of your report. However, you are able to choose any aspect of court proceedings which you have observed as the foundation for your report.
Quality of justice
Access to representation
Conduct of proceedings
FORMAT (Report style, mandatory subheadings)
• Introduction Briefly outline what the question is about and why it is an important one. (maximum 150 words)
• Literature Review: What questions and concerns about justice have been raised by the essential reference? Refer to theoretical perspectives in other references. (
(Concerns about access and equity all readings)
• Observations: Present your observational data within a narrative structure that tells a story about the major findings that can be derived from your court/tribunal visit – keep your question in mind when you are presenting this data. Highlight any significant incidents but also give an overall account of the experience of justice that typical participants might have in this court.
• Evaluation: Interpret your data in relation to your question.
What is the significance of your findings? How do they relate to the theoretical material?
Observation and Evaluation section 1200 -1800 words – keep the observation section to a maximum of 70% of this.
• Conclusion: Summarise your main findings in relation to your question and, If you wish, identify areas for reform either at the court level or systemically.
Conclusion 100- 300 words
Mack, K. & Roach- Anleu, S. (2007) ‘ “Getting through the list”: Judge craft and legitimacy in the lower courts’ Social and Legal Studies,vol.16, pp.341-61
Carlen, P (1976) ‘Magistrates’ Justice’, in Carlen, P. (2010) A Criminological Imagination Farnham: Ashgate
Gray, A., S. Forrell & Clarke, S. (2009) ‘Cognitive impairment, legal need and access to justice’, Justice Issues, Paper 10 Law and Justice Foundation of New South Wales
McBarnet, D (1981) Conviction: Law, the state and the construction of justice London, Macmillan (on reserve)
Parliament of Australia, Senate Legal and Constitutional Committee (2004) Inquiry into Legal Aid and Access to Justice This report has many relevant chapters including the following (Chapter 10: ‘ Self-Represented Litigants’), (Chapter 5: Indigenous Legal Services) Chapter 8 Other Groups with Particular Needs)and Chapter 4 Women and Family Law).
Roach- Anleu S., Mack, K. (2007) ‘Magistrates, Magistrates Courts and Social Change’, Law and Policy vol. 29, no.2 pp. 183-209
Tait, D (1999) ‘Boundaries and Barriers: The Social Production of Space in Magistrates Courts and Guardianship Tribunals Journal of Social Change and Critical Inquiry, 1.
Taivolt, D (2003) ‘The Ritual Environment of the Mental Health Tribunal Hearing: Inquires and reflections’, Psychiatry, Psychology and Law, vol.10 pp 91-96 (leave out)
Vanny, K. A., Levy, M. H., Greenberg D. M &. Hayes, S.C (2009) ‘Mental Illness and Intellectual Disability in Courts’, Journal of Intellectual Disability Research vol. 53
COURT VISIT INFORMATION SHEET
• All courts except Children’s and Family Courts and where the judicial officer has closed the court, are open to the public, therefore you will not need permission to attend. You may wish to let the court officer know, as a matter of courtesy, that you will be taking notes
• Anyone wishing to attend closed courts must email the course coordinator this week with available dates and times
• Please ensure that you dress appropriately and remember that you are representing the University. Your behaviour should be respectful and compliant with court conventions – eg turn your phone off, do not engage in loud conversations in court.
• Try to identify all of the parties in court. The prosecutor usually sits at the end of the bar table, other legal professionals will come in and out of the court. If they have time, many are happy to speak to students.
• Most courts have a “list day” in which all of the matters are “mentioned”. If you wish to attend a hearing (Local court) or a trial (higher courts) you will need to look at the list and arrange your attendance accordingly.
• Many court complexes have numerous courts sitting at the same time, for example, Downing Centre and Parramatta, which also have District Courts. The Supreme Court usually only sits in the CBD. You are more likely to find something interesting where there are a number of courts.