Download PDF by John Epp: Building on the Deacde of Disclosure in Criminal Procedure

By John Epp

ISBN-10: 1859416594

ISBN-13: 9781859416594

The publication describes, analyses and criticises the legislation and perform bearing on the disclosure of used and unused info in legal complaints in England. It makes feedback for reform and compares greatly to the placement in Canada and different Commonwealth jurisdictions. This e-book defines and considers the legislations and perform of pre-trial disclosure of facts in England in a way, which supplies an invaluable resource of reference for practitioners, lecturers and senior legislations scholars. It exams settled principles and practices by way of tackling the vexing factor of reforming the police tradition and inspiring police compliance with the research and disclosure ideas in a fashion that may support a broader viewers, e.g. criminologists. not just that, this article informs the dialogue by way of integrating contemporary facts of malpractice, analyses the recent info, and charts the most likely direction forward, in keeping with earlier event. The booklet additionally avoids being restricted via conservative or conventional perspectives, or the necessity for well mannered remark and proposes a manner ahead for felony approach.

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122 However, that concern was one of several concerns which was used to found the call for an improvement in the quality of defence services. In the discussion to follow, the issues surrounding public defenders, contracted defence lawyers and disclosure with a view to a fair trial will be discussed. Some of these issues have been raised above; other issues include low remuneration and increased administrative demands. It is submitted that the impact of the changes to the circumstances in which criminal defence practitioners function provides support for the argument that efficiency and fairness in the CJS would be enhanced by early and broad prosecution disclosure.

68. 69). 73. 75. 4 The CJS and the modernising of the courts In the meantime, the Government plans to press ahead with a programme to modernise the Crown Court, magistrates’ courts and the CJS through the use of ICT. 93 It will be argued below, on the basis of experience in Ontario, that ICT will assist in the efficient and economical provision of disclosure. 5 The CJS and victim personal statements Another reform that appears likely to be promoted strongly is the use of victim impact statements in sentencing.

Therefore, special care will need to be taken to 110 Crown Court conviction by guilty pleas, CPS, 1998, Chart 9, 7696; CPS, 2000a, Chart 9, 7396; magistrates’ courts conviction by guilty pleas, CPS 1998, Chart 4, 8196; CPS, 2000a, Chart 4, 8296. 111 The reasons why defendant’s plead guilty are varied (Zander, 1992, p 280; Baldwin and McConville, 1977, p 61). 112 CPS 2000a, Chart 9. For the year ending March 2000, of the 27% of cases that actually went to trial on the basis of a not guilty plea in Crown Court (6% in the magistrates’ court) 4396 resulted in acquittal (2896 in the magistrates’ court) (ibid, Chart 9 and Chart 4).

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Building on the Deacde of Disclosure in Criminal Procedure by John Epp

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