Report on England and Wales

Abstract

This chapter describes the participatory rights of a defendant in domestic criminal proceedings in England and Wales in both the pre-trial and trial period. The chapter also considers the law in England and Wales relating to trials in absentia, before considering participatory rights at a transnational level. As I outline in this chapter, recent policy developments in England and Wales have resulted in a number of “efficiency” initiatives theoretically designed to expedite decision making but which have resulted in the potential undermining of participatory rights for a defendant. In addition, recent changes to legal aid have made it increasingly difficult for individuals to access legal representation at different stages of the criminal process. Finally, and most significantly, the United Kingdom remains in a transitional period post “Brexit” referendum in terms of its criminal justice arrangements. The Conservative government made the repealing of the Human Rights Act and its replacement with a British Bill of Rights one of their election policies and although this has not yet materialised (indeed, it has been repeatedly delayed), as of January 2018 parliament has voted not to retain the EU Charter of Fundamental Rights in domestic law when it leaves the EU. This context means that many questions of participatory rights, particularly those linked to the future of the Human Rights Act, therefore remain unresolved and a source of concern.