ABSTRACT
Criminal trial systems differ vastly around the world. This chapter provides an overview of the adversarial nature of the English criminal trial. It begins by outlining the course of the trial, and highlights how it is structurally geared to maximise the power of the parties. The chapter highlights some of the most prominent structures and processes that are corollaries of adversarial label. The English trial, like its North American counterpart and 'descendants' throughout the common law world, is often described as adversarial in nature. The adversarial trial can be divided into a number of broad phases. While the English trial has historically been regarded as adversarial in nature, most observers agree that it is wrong to think of any one model of justice as a perfect prototype. Parties in the adversarial trial hold a near-complete autonomy to gather, select and present evidence before the tribunal of fact.
