LAW

Adversarial and inquisitorial procedures according to U.K law



Adversarial and inquisitorial procedures according to U.K law

Role of defence lawyer in adversarial and inquisitorial proceedings

Adversarial and inquisitorial proceedings are two major types of proceedings in the courts of United Kingdom. In both proceedings the role of defence lawyer is very much different because of different procedures in these proceedings. The actual role of the defence lawyer is to defend their clients to present specific and relevant proofs but their way of defending their client varies in both adversarial and inquisitorial proceedings. As in the adversarial procedure the judge plays an active role in hearing the arguments of both parties where as in inquisitorial procedure a survey is conducted which helps to conclude the proceedings of the case. In both of the procedures the defence lawyer plays its specific role and responsibility (Dreisbach, 2009).

In the proceedings of U.K's courts the defence lawyer informs its clients about their rights and duties, and gives advice or legal advice. It informs the ways of possible procedures for resolving disputes, helping to resolve the conflict amicably or during a trial, and information about the chances of success of a judicial proceeding. In criminal matters, the lawyer acts to defend persons suspected of having committed an offense or to represent the interests of victims throughout the proceedings. Before the civil courts, the lawyer shall take the necessary procedures and prepare the conclusions that expose applications or claims his client in fact and in law. These findings are communicated to the opponent, so that he could answer, and vice versa. Taking into account the fact that the principles of criminal justice are cross-cutting and are active in all stages of the criminal process, and in particular this applies to the new modern adversarial criminal process, it is necessary to note the need for full and equal participation in the production of the defence investigation. If there is no other possibility, namely the real conditions for the collection and presentation of evidence, this is the only possible solution, painless and more effective way, to a certain extent the implementation of the principle of competition in this stage.

There are certain principles of civil procedure which are adversarial and inquisitorial. The main characteristic of civil procedural principles is that they are formulated qualitative features of civil justice, social and legal aspects of the industry right. In judicial practice, procedural principles are always the legal directives addressed in the first instance to the court. Adversarial and inquisitorial proceeding are responsible to establish the most important duties of the court or for the implementation of law enforcement the principles of legality and validity, or to ensure the rights granted to the parties and the parties involved in the case the principles of procedural equality of the parties, discretionary and competition (Dare, 2009).

Now the important point is this that system will be used in the country since the reform. It is easy to identify when we are faced with an adversarial system, simply turning ...