Retrospective assessment of trial fairness may take place at the end of the prosecution or defence case or on appeal. The advantages of retrospective over prospective assessment revolve around the greater knowledge base available to the trial judge later in the trial. The focus of retrospective review, whether by the trial judge at the end of the trial or by an appellate court, should be to ensure that the defendant forced to rely on bare denial has received a fair trial through careful examination of the prejudice caused by delay and the consequent direction. In the absence of any failing in the trial process, and where there is no new evidence to suggest that the conviction(s) may be unsafe, there should be no additional discretion to quash the conviction(s) on the grounds of fairness.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.