The pre-trial process of England and Wales

Johnston, Ed; Jasinski, Dan

Abstract

This chapter analyses the core functions of the adversarial pre-trial process of England and Wales. The chapter takes a chronological approach to the how the operation of the process. Here we examine the role of the custody officer, the regulation of the investigative stage, the right to pre-trial disclosure and the rules surrounding the charging decision. Our chapter argues that, whilst the due process protections afforded within each stage appear rigorous, the reality is something very different, as there are many inhibiting factors that prevent the due process protections working as enshrined in law. The authors call to dispense with these inhibiting factors, in order to allow the due process protections to work as intended, thereby re-emphasising the suspects’ rights in the pre-trial process, putting the right to a fair trial at the heart of English criminal procedure.

• Online Publication Date: Dec 15, 2020
• Publication Date: Dec 15, 2020
• Deposit Date: Jun 22, 2021
• Book Title: A comparative analysis of pre-trial procedure in Europe: The search for an ideal model: England and Wales
• DOI: https://doi.org/10.26650/B/SS26.2020.014
• Public URL: https://uwe-repository.worktribe.com/output/6862118
• Publisher URL: https://iupress.istanbul.edu.tr/tr/book/a-comparative-analysis-of-pre-trial-procedure-in-europe-the-search-for-an-ideal-model/home
• Contract Date: Aug 1, 2020