The Criminal Process

Book excerpt: In recent years the English criminal justice system has been shaken by certain notorious cases such as the Guildford Four, the Birmingham Six, and the Cardiff Three. The quashing of convictions in these and other cases has brought to public notice the structural deficiencies which exist in the criminal justice system. In this book Professor Ashworth addresses one of the most controversial areas of the entire criminal process: the pre-trial stage. Taking as his starting point the detention of suspects in police custody, the author examines six key issues in the pre-trial process: the questioning of suspects, cautioning of offenders, prosecutorial review, remand decisions, mode of trial decisions, and plea bargaining. Drawing upon empirical research, substantive law, and official guidance, the author considers how the rights of victims and defendants are promoted within the system, and in particular considers the potential impact of the European Convention of Human Rights on the administration of criminal justice in England and Wales. The recommendations of the 1993 Royal Commission on Criminal Justice are critically appraised.