A criminal trial is an accusatorial and adversarial process.
Now, I will not take the Court through that whole thing but there is another passage at 445 which speaks about the English provisions as undermining the accusatorial system but that article is, as I say, but one of many.
That would be contrary to the whole concept of an accusatorial criminal justice process, in our submission.
Continental procedure is quite different, as it is inquisitorial rather than accusatorial .
But, unless a judge would go on and explain, ‘That is because we have a rather special legal system which is accusatorial .’
The absence of an accusatorial procedure places an inquisitorial burden upon an inspector.
A lot of citizens, and some lawyers, do not know that this is just absolutely fundamental to our legal system, the accusatorial system, and it is a very, very important check on power and on authority.
It sounds a very dubious principle and inconsistent with the accusatorial trial.
The third point is that our adversary system is accusatorial .
So our accusatorial system, as it's called, needs to be I think carefully looked at.