Introduction

Abstract

Over the past two decades the relationship between the suspect and the state has been subject to considerable change. The impact of European Convention jurisprudence both before and after the Human Rights Act has highlighted the importance of due process rights for suspects and has strengthened protection at all stages of the criminal justice process from arrest to trial, sentencing and imprisonment. There has also been greater awareness of the problems facing vulnerable suspects and witnesses. At the same time there have been measures that have weakened protection for suspects. These include limits on the right to silence, the persistence of emergency legislation and the strengthening of the state’s powers in the context of the war on terror and continuing cuts to legal aid and other services. There have also been advances in the collection of forensic evidence but this has raised a new problem of retention of biometric data. These issues have divided commentators on the criminal justice system, as well as politicians and the public.