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"The function of the judiciary within the constitution of the United Kingdom is to ensure that justice is done so far as possible ….. to both the defendant and society in criminal trials……."
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"The function of the judiciary within the constitution of the United Kingdom is to ensure that justice is done so far as possible ..... to both the defendant and society in criminal trials......."1 If miscarriages of justice occur, then not only is the defendant treated very unjustly, but also society (including the victims of crime) has not been accorded the gains in terms of safety, retribution and possible rehabilitation which should flow from an accurate conviction. The question requires us to examine the possible failings, which arise from the personnel by which justice is administered. Taking the argument that case outcomes are construction of fact as mediated by social and professional perspectives, it must be worthwhile to examine some aspects of the performance of the judiciary, who are undoubtedly major players within the criminal justice system. Attention should first be turned towards the magistrates' courts where well over 90 per cent of...
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