I think the reality is somewhere in between.
There is pressure to increase conviction rates and that might mean not just the guilty.
There are miscarriages of justice. Harvey Proctor is one example
This makes interesting reading:
Adverse inferences from exercising what is still called the “right to silence”, were introduced by section 34 of the CJ&POA (interviews) and section 35 (evidence). How can it still even be called a right when you get criticised for exercising it? How many other rights can you think of that result in you being criticised when you exercise them? These act as an invitation to a jury to conclude that a silent defendant must have something to hide and is therefore guilty when there might be all manner of perfectly sensible reasons for not answering police questions in interview (often at a time when the strength of the police evidence is far from clear) or not giving evidence in court when you know you will be no match for a confident well educated barrister.
The right of silence, the right not to incriminate yourself remains in my view, a key pillar of any society that purports to have fair trials and to follow the rule of law. If the prosecution cannot prove a case against someone without getting a confession then my view is the prosecution should not go ahead. I don’t believe that way leads to the end of civilisation. The Americans thought the right not to incriminate yourself was so important it is enshrined in their Constitution, drafted in the 1780s, and I do not think there is any evidence their criminal justice system functions any less well on that account
https://gcnchambers.co.uk/crisis-criminal-justice-system/
I suggest there are three factors at work here that have finally come together to create a perfect storm that has resulted in the situation we now face.
First, there has been over the last twenty or more years a series of changes in the law that were designed and have made the situation of those accused of offences more perilous, reduced their chances of a fair trial and with that their prospects of acquittal, and threatens to increase miscarriages of justice and unjust convictions.
Second, there has been a culture shift especially in relation to sex cases which is now exemplified in a policy that requires the police to ‘believe the victim’ and abandon the principle of investigating a case properly and impartially which in my view has contributed directly to recent miscarriages.
Third, there have been huge cuts in the funding for the police and as a result far fewer officers to do the work. The same has been a recurring problem for the CPS which doesn’t have the resources required to fulfil its mandate. For the legal profession there have been huge cuts in fees for the preparation and running of criminal trials. It came as no surprise to many of us therefore that the old issue of disclosure failures has again reared its head.
