Open justice and the English criminal process

Simpson, Matthew (2008) Open justice and the English criminal process. PhD thesis, University of Nottingham.

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Abstract

This thesis examines the concept of 'open justice' as it applies to the English criminal process. The conventional understanding of open justice requires merely that trial proceedings are open to the public and that those who attend are free to report to others what they have witnessed. This thesis seeks to demonstrate that the notion of open justice need not be so confined. The oversight of the criminal process provided by the courts, independent administrative bodies and the public, and the open manner in which such oversight is conducted, may be viewed as a more expansive conception of open justice. Such openness is argued to be required by the values of accountability, effective performance, rights protection, democracy and public confidence.

It will be demonstrated that the openness flowing from the oversight of the English criminal process provided by the courts, independent administrative bodies and the public, has developed considerably in recent years. There may though be scope for the development of further openness. Where appropriate, proposals designed to achieve such enhanced openness will be advanced.

Item Type:Thesis (PhD)
Supervisors:Roberts, P.
Van Zyl Smit, D.
Uncontrolled Keywords:open justice, scrutiny, accountability, oversight, openness, democracy, her majesty's inspectorates, lay involvement, community involvement
Faculties/Schools:UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
ID Code:545
Deposited By:Matthew Simpson
Deposited On:14 Jul 2008
Last Modified:21 May 2010 15:52

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