Decriminalisation and alternatives to conventional trial

Source: (2001) In A review of the criminal courts of England and Wales. London: Criminal Courts Review

In 1999 Sir Robin Auld, a senior Lord Justice in the Court of Appeal, was asked to conduct an objective and independent review into the practices and procedures of the criminal courts in England and Wales at every level. This chapter in the report deals with decriminalization and alternatives to conventional trial. The criminal courts deal with cases varying considerably in nature, seriousness, and complexity. In this context, proposals have been made that some matters be removed from the criminal sphere – decriminalization – and that separate specialized courts be developed for certain other cases. Sir Auld examines the rationales for these proposals, types of cases that might be treated by decriminalization or alternative procedures, and advantages and disadvantages of the proposals.