The UK cannot boast a single conviction for FGM, compared
to the 100 plus recorded in France France ,
and the adversarial in Britain
In short, the aim of the French system is to establish
the truth. By contrast, the truth is not relevant to the outcome of a British
criminal trial, (or a criminal trial in any country where the adversarial
system is practised.)
The French system is based on a presumption of
guilt. The process is investigative and works backwards from that premise. In
the adversarial system, all investigation has taken place before the case has
come to trial, after which, two counsels engage in a contest played according
to certain rules.
The onus is
on the prosecuting counsel to prove the guilt of the defendant, ”beyond
reasonable doubt”, and the defendant is presumed innocent. This is one of the
cherished features of our system, frequently commended as a liberty that we
should be proud of. But investigations into miscarriages of justice tend to
begin from the premise that the guilty verdict was correct and work backwards,
finding the essential flaw as it proceeds, i. e. follow the French model.
I suspect
that the adversary system is as likely to let the guilty go free as it is to
condemn the innocent. The daughter of a well known Scottish barrister once told
me of the occasion when her Father was greeted with the words,”You almost had
me believing I didnae do it”, by a notorious Glaswegian hoodlum that he had
just successfully defended!
My opinion!
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