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11 Crim. L.F. 1 (2000)

handle is hein.journals/crimlfm11 and id is 1 raw text is: B. FITZPATRICK, P. SEAGO, C. WALKER and D. WALL* NEW COURTS MANAGEMENT AND THE PROFESSIONALISATION OF SUMMARY JUSTICE IN ENGLAND AND WALES The changing environment of political administration in England and Wales has generated a new ethos of management that has become widely known as the new public management. This ethos is marked by: its functional separation of administration from policy; an emphasis upon the holy trinity of economy, efficiency and effectiveness; the desire to satisfy consumer needs; the measurement and audit of performance; the comparison of performance between different service-deliverers; inter- agency working; and the involvement of the private sector.1 This ethos is shaping the development of the courts in England and Wales as we enter the twenty-first century. This paper will explore the impacts of the agenda of new public management upon criminal courts policy and will focus upon the magis- trates' courts in England and Wales. Not only do these summary courts handle over 95 per cent, the vast majority, of the criminal proceedings in England and Wales,2 but they have also been the site of many of the most dramatic changes in the criminal legal process in recent years. It shall be argued in this article that new public management, or new court manage- ment as it shall subsequently be labelled, seeks to effect a considerable impact upon the structure of the courts. However, it shall also be suggested that the overall impact of new court management has been considerably tempered by the persistence of the old court ideologies, as embodied in * B. Fitzpatrick, Centre for Criminal Justice, University of Leeds, B.A., 1991, Uni- versity of Cambridge, P. Seago, Centre for Criminal Justice, University of Leeds, LL.M., 1968, University of Nottingham, C. Walker, Centre for Criminal Justice, University of Leeds, Ph.D., 1982, University of Manchester, and D. Wall, Centre for Criminal Justice, University of Leeds, Ph.D., 1999, University of Leeds. 1 See for general accounts: D. Osborne and T. Gaebler, Reinventing Government (1992); J. Stewart and K. Walsh, Change in the management of public services, 70 Public Administration 499 (1992); S. Zifcaf, New Managerialism (1994); R.A.W. Rhodes, Under- standing Governance: policy networks, governance, reflexivity and accountability (1997); M. Smith, The Core Executive in Britain (1999). 2 Criminal Statistics for England and Wales 1997 123 (1998). hi. Criminal Law Forum 11: 1-22, 2000. © 2000 Kluwer Academic Publishers. Printed in the Netherlands.

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