Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.
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Tuesday, 24 November 2015
COURTS INQUISITORIAL OR ADVERSARIAL? VICTIMS AND A QUESTION UNASKED
It seems that a fundamental aspect of the whole process has not been put under the microscope; the adversarial system itself. I have posted here before now that I believe, in the current situation of increasing numbers of unrepresented defendants in magistrates` courts, that the chairman of a lay bench must be prepared to take an increasingly inquisitorial approach enabling the truth to emerge where relying upon inept prosecutors and/or those inarticulate unrepresented defendants could lead to miscarriages of justice. In like fashion perhaps we need to assess whether the uniquely Anglo Saxon system of crown court legal jousting would better outcomes for complainants by being replaced by the continental system of an inquisitorial bench. That question is rarely if ever asked never mind being answered.