Lay magistrates are involved in most of the criminal cases in England and Wales. They typically sit in panels, but in minor cases they sit as single decision-makers. In both situations, they are assisted by a legal adviser. Lay magistrates also hear appeals as part of a mixed court presided over by a professional judge. Lay magistrates are more diverse in personal characteristics than professional judges, but the level of commitment required results in an overrepresentation of older, middle-class people. The lay magistrate is defined by law, professional work patterns, budget constraints, and the traditional legal culture. In addition, the architecture of the courtroom, as well as the use of video links, often impedes interaction between lay magistrates and defendants. These constraints at times threaten justice and procedural fairness. The number of lay magistrates has been declining for years. To dispose of cases more quickly, professional judges have taken a slice of the caseload. A different work pattern can be found at the youth court where magistrates engage actively with the defendant and are not confined to a narrow decision-making function.

The introduction defines “courtroom culture” as the constant interplay of law, informal practice, courtroom dialogue, cultural norms and social identity from which the dynamics and meanings of courtroom events were fashioned. Such dynamics and meanings, I argue, did not emerge fully formed from pre-existing patterns in English law and society, but were shaped on a daily basis by those in court and beyond it. This active process of generating, negotiating, and contesting the meaning of courtroom events are examined in the chapters that follow. Having outlined the fundamental arguments of the book, the Introduction engages the relevant historiography and theory on these issues and provides a brief chapter outline.