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Resuscitating criminal courts after Covid-19: Trialling a cure worse than the disease.

Authors :
McConville, Mike
Marsh, Luke
Source :
International Journal of Evidence & Proof. Apr2022, Vol. 26 Issue 2, p103-120. 18p.
Publication Year :
2022

Abstract

This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised to deal with such cases. This additionally raises fundamental questions about the administration and governance of the courts, the independence of the judiciary in decision-making and the basic utility of the presumption of innocence in such cases. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13657127
Volume :
26
Issue :
2
Database :
Academic Search Index
Journal :
International Journal of Evidence & Proof
Publication Type :
Academic Journal
Accession number :
155515788
Full Text :
https://doi.org/10.1177/13657127211064355