... and the circumstances of the individual were relevant considerations in the decision to prosecute, and that the English legal system was unique in Europe in allowing the whole process, from interrogation to prosecution, to be effectively under the control of the police - who were not trained as lawyers or advocates - in the majority of cases: this system contravenes Montesquieu's theory of the 'separation of powers' and has led to various miscarriages of justice, including 'The Guildford Four', 'The Birmingham Six' and 'Judith Ward'. A similar review was also undertaken by the Royal Commission on Criminal Procedure (RCCP) in 1981, which highlighted various concerns: there was a lack of uniformity (with differing procedures and standards applied across the country), inadequate preparation time for cases (R v Lawrence) and the current system prevented a consistent national prosecution policy. As a result of these findings, the RCCP recommended the establishment ...

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