Rules Governing the Working of the Justice System

What model do they favour?

The suspect’s right to know why they are being arrested.

Due process.

The right to remain silent when questioned by police and in court - based on the principle that it is the prosecution’s job to prove guilt, not the accused’s job to prove their innocence.

Due process.

The right not to be detained indefinitely without charge.

Due process.

The right to legal representation when questioned by police and in court.

Due process.

The right to trial by a jury of one’s peers.

Due process.

The right to appeal against conviction or sentence.

Due process.

The right not to be re-tried for the same offence once acquitted.

Due process.

Rules governing the admissibility of evidence in court, such as hearsay, entrapment evidence and forced confessions not being admitted.

Due process.

The prosecution has a duty to disclose evidence against the defendant in advance of the trial.

Due process.

Police rights to stop, question, search and arrest. The right to stop and search without giving a reason in some circumstances.

Crime control.

The court may draw negative inferences (conclusions) if the defendant remains silent when questioned by police or fails to testify in court without good reason.

Crime control.

Extended police detention is allowed for questioning on suspicion of indictable offences (36 + 96 hours) and terrorist offences (14 days).

Crime control.

Extended period before access to a lawyer is allowed (for serious offences) and restrictions on the availability of legal aid.

Crime control.

Jury trials are only for serious cases; magistrates are more likely than juries to convict. Juryless trials are allowed if jury tampering is suspected.

Crime control.

Appeal rights are not always automatic. Some are only allowed on a point of law, not evidence.

Crime control.

Change to the double jeopardy rule allows a second prosecution if ‘new and compelling’ evidence emerges (for serious offences only).

Crime control.

Evidence of bad character and previous convictions is permitted in certain circumstances.

Crime control.

Public-interest immunity certificates may allow the prosecution to avoid disclosing evidence.

Crime control.