The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow

Smith, Tom

Abstract

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the 'zealous advocate' model, describing the 'traditional' role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a 'client-first' style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales. © 2013 © 2013 Taylor & Francis.

Citation

Smith, T. (2013). The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow. International Journal of the Legal Profession, 20(1), 111-137. https://doi.org/10.1080/09695958.2013.835906

• Journal Article Type: Article
• Acceptance Date: Sep 1, 2013
• Publication Date: Mar 1, 2013
• Journal: International Journal of the Legal Profession
• Print ISSN: 0969-5958
• Electronic ISSN: 1469-9257
• Publisher: Taylor & Francis (Routledge)
• Peer Reviewed: Not Peer Reviewed
• Volume: 20
• Issue: 1
• Pages: 111-137
• DOI: https://doi.org/10.1080/09695958.2013.835906
• Keywords: criminal defence, zealous advocate, criminal justice, legal aid, criminal procedure
• Public URL: https://uwe-repository.worktribe.com/output/940369
• Publisher URL: http://dx.doi.org/10.1080/09695958.2013.835906