ABSTRACT

The place of forensic science in inquisitorial systems of criminal justice it is necessary to appreciate some of the essential features of those systems and the ways in which those systems differ from adversarial systems. This chapter focuses on the French system as representative of inquisitorial systems. The dossier could be described as the backbone of the inquisitorial criminal justice process. The laboratories would be administratively within Departments of the Attorney-General or Justice rather than Police Departments. By contrast in adversarial systems investigations are normally carried out by the police without reference to or supervision by a prosecutor or a judge, except when warrants are required for measures such as searches or electronic surveillance. Magistrates already have powers to approve investigative measures in the areas of searches of premises and electronic surveillance so this may not be such a radical extension of their powers.