How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights

Dat T. Bui*

*Corresponding author for this work

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.

Original languageEnglish
Pages (from-to)439-465
Number of pages27
JournalCommonwealth Law Bulletin
Volume41
Issue number3
DOIs
Publication statusPublished - 2015

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