The Future of Adversarial Criminal Justice in 21st Century Britain

Abstract

This article reflects on some of the major shifts that have taken place in British criminal justice over the last twenty years, both generally in the attenuation of defense rights and the expansion of the public prosecutor role, and in two particular contexts: the treatment of miscarriages of justice1 and the legal response to terrorism. It questions the extent to which these changes are part of a broader departure from an adversarial model of justice in the roles assigned to prosecution and defense, the separation of the investigation and trial stages and the core values underlying the criminal process. To the extent that adversarialism is losing its appeal, what are the underlying causes and what will replace it? Will the adversarial be replaced by a more inquisitorial approach? Managerialist and efficiency-driven concerns? Or something less coherent and consistent?

Keywords: criminal procedure, adversarialism, inquisitorial approach