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"Justice should not only be done, but should manifestly and undoubtedly be seen to be done." - Lord Hewart

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  • Essay length: 1931 words
  • Submitted: 19/06/2006
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University Degree Criminal law

The first 200 words of this essay...

"Justice should not only be done, but should manifestly and undoubtedly be seen to be done."1

- Lord Hewart

"This is not about your client's harsh upbringing, nor their life-story, this proceeding regards the law."2

- District Court Judge

Introduction

The popularised image of courtroom dramas in no way prepared me for the everyday realities of our court system. Interestingly, glimpses of this over-dramatised form of the law appeared on occasions, through the conduct of enthusiastic prosecutors or dry magistrates. The marked separation in formality, conduct and atmosphere of each court was of more surprise than the variations in procedure. The local courts were characteristic of what might be called 'assembly-line law', where large numbers of cases were dealt with summarily, the magistrate often taking only minutes to move the accused on. The cases were simple and repetitive, it became difficult to see the participants as individuals, instead of yet another number to be dealt with. The complexity of the Supreme Court was very different, and the situation far more reflective of the discourse of justice and rationality that the law promotes. Whilst there is clear merit in the argument that different tiers of justice

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