Madam, – One of the controversies over the Criminal Justice (Amendment) Bill is the lack of juries in the Special Criminal Court. In the Netherlands such courts are the norm. Three judges sit together without juries and this is not considered in any way prejudicial to an accused’s human rights.
However, Dutch judges take an active, rather than passive, role and actively gather information on the cases before them. Judges in our Anglo-Saxon, adversarial tradition are akin to referees in boxing matches.
In the Dutch inquisitorial courts judges enter the arena, in direct ways, including asking questions of the accused. The right to silence exists in Dutch courts in the sense that questions to an accused do not have to be answered.
However, the “silence” does not extend to the judges, as they can ask what they see fit. These practices are particularly valuable in complex trials such as those involving child sexual abuse allegations.
Traditionally, English-speaking lawyers tend to look askance at such practices. However, when one views the challenges presented by gangland crime there may be much we can learn from some of the European, legal systems. Yours, etc
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