The trial is the archetype of criminal justice, but is starting to disappear. In many parts of the world, trials are being replaced by legal regimes that encourage suspects to admit guilt and waive their right to a full trial.
We have coordinated research across 90 countries leading to the publication of our report, The Disappearing Trial: Towards a rights-based approach to trial waiver systems. This report (published on 27th April) presents the results of that research, analysing the drivers of this phenomenon, assessing the legal and human rights implications and providing recommendations for the development of a rights-based approach to trial waiver systems. This is just a starting point, and we are working to:
A summary of the report is available here.
Fair Trials recognises the benefits of trial waiver systems. However, we also recognise that, if they aren’t accompanied by safeguards, they can cause major problems to justice and the rule of law. We believe that trial waiver systems should be rooted in a rights-based approach. This can include:
The trial is the archetype of criminal justice: just think of the dominance of court-room drama in film, TV and literature. But, in reality, the trial is starting to disappear. People are increasingly being incentivised to simply plead guilty and to waive their right to a trial.
The use of trial waiver systems like plea bargaining, abbreviated trials and cooperating witness procedures have increased about 300% since 1990. It’s also happening in more places than ever before. Of the 90 countries studied by Fair Trials and Freshfields, 66 now have these kinds of formal “trial waiver” systems in place. In 1990, the number was just 19.
We are not opposed to this in principle but these out-of-court mechanisms can impact fair trial rights and the criminal justice system more widely in serious ways, including: