Fairness in Criminal Justice: Golden Threads and Pragmatic Patches

Sian Elias

doi:10.1017/9781108625777

British criminal justice is a principal legacy of Empire in the common law world. It attempts fairness between prosecutors and accused in an accusatory system for establishing criminal responsibility supervised by a judge who is conspicuously detached from the fray. Fundamental features, today recognised as human rights, include the presumption of innocence and onus of proof, the privilege against self-incrimination, and the right to legal advice and representation. In these lectures, Dame Sian Elias examines modern challenges to this conception of criminal justice prompted by anxiety about crime and the costs and delays in proof of guilt. They include enlarged prosecutorial discretion in charging, incentivisation of early guilty pleas, adoption of reverse onuses of proof, application to criminal proceedings of principles of modern civil case management, and measures to bring the victim into the criminal justice system. The lectures question whether this repositioning risks the integrity of the system.

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Fairness in Criminal Justice

Golden Threads and Pragmatic Patches

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Contents

Fairness in Criminal Justice
pp i-ii

Fairness in Criminal Justice - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-v

The Hamlyn Trust
pp vi-viii

The Hamlyn Lectures
pp ix-xiv

Preface
pp xv-xviii

Lecture 1 - ‘Fair and Just’?
pp 1-53

Lecture 2 - Righting Criminal Justice
pp 54-104

Lecture 3 - ‘The Most Important of All Judicial Functions’
pp 105-159

Index
pp 160-168

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Golden Threads and Pragmatic Patches

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