ABSTRACT
The ultimate goal of the criminal justice system in England and Wales, as it is in Canada, is to convict and sentence those who have committed a crime and to acquit those who are innocent. It is of the utmost importance that the innocent should not be convicted. This is because the lives of those wrongfully convicted are ruined, the perpetrator of the crime may remain at large and unpunished and limited resources are wasted. The need to ensure the acquittal of the innocent restricts the vigour with which the guilty can be pursued. One of the three devices used to facilitate this important goal is due process-a fair trial. (The other two devices are the presumption of innocence and the principle that guilt must be proven beyond reasonable doubt.)
It is also important that public confidence in the justice system is maintained. Public confidence is maintained when the administrators of justice, and those who legislate, take into account the various other aspects of the public interest. In addition to the public interest of convicting the guilty but not the innocent, other interests include providing a workable system of justice, the State’s interest in disguising police investigation techniques and informants and the privacy of victims and witnesses.
