Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant s role as a participant in the criminal process and the ramifications of penalising a defendant s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory of which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations.
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