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26 February 2020 / Mark Cotter KC
Issue: 7876 / Categories: Opinion , Criminal , Profession
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The criminal justice system: not fit for purpose?

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Significant & immediate investment is needed across the board to ensure the criminal justice system serves everyone, says Mark Cotter QC

Superficially, legally enforceable rights and/or minimum standards for ‘victims’ being served by the Criminal Justice System seem laudable. However, it is worth remembering that a major part of the function of the Criminal Justice System is to determine whether there is a ‘victim’ at all and, if so, who it is.

In a case of proven burglary, there is an identifiable ‘victim’. However, where an allegation of rape is made and consent is asserted by the accused, the person making the allegation remains a ‘complainant’ until and unless the defendant admits guilt, or a jury convict. Only then does the ‘complainant’ become a proven ‘victim’. In this case the issue is whether a crime actually occurred at all. To put it another way, is the complainant the victim of rape, or is the accused the victim of a false allegation? To answer those questions, a fair

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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