Download this Paper Open PDF in Browser

Pre-Trial Witness Interviews and the 'Justice Gap' - A Plea for Sophistication in Criminal Procedure Reform

66 Pages Posted: 13 Oct 2009  

Paul Roberts

University of Nottingham; University of New South Wales (UNSW) - Faculty of Law; China University of Political Science and Law

Candida Saunders

University of Nottingham

Date Written: October 9, 2009

Abstract

Drawing extensively on new empirical data, this article presents pre-trial witness interviewing by Crown Prosecutors (PTWI) as an illuminating case-study in criminal procedure reform and its evaluation. Various rationales for PTWI are canvassed and compared against documented experience during its Pilot Evaluation. Proceeding from the deceptively simple instrumental objective of increasing convictions, the discussion broadens out into a more comprehensive evaluation of the intrinsic merits and limitations of PTWI. Having indicated the wider implications of this case-study for policies aimed at tackling ‘the justice gap’, the article concludes by advancing a general argument for greater sophistication in the planning, execution and ongoing evaluation of criminal procedure reform.

Keywords: witness interviewing, prosecutions, Crown Prosecution Service, criminal procedure reform, socio-legal research

Suggested Citation

Roberts, Paul and Saunders, Candida, Pre-Trial Witness Interviews and the 'Justice Gap' - A Plea for Sophistication in Criminal Procedure Reform (October 9, 2009). Available at SSRN: https://ssrn.com/abstract=1486040 or http://dx.doi.org/10.2139/ssrn.1486040

Paul Roberts (Contact Author)

University of Nottingham ( email )

School of Law
Nottingham, NG7 2RD
United Kingdom

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing
China

Candida Saunders

University of Nottingham ( email )

School of Law
University Park
Nottingham, NG7 2RD
United Kingdom

Paper statistics

Downloads
119
Rank
198,085
Abstract Views
899