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The main manifestations of this are the enumerated powers of the police, the PACE codes, criminal procedure, and the rules of evidence.
In Criminal Clinic you saw how the police do not have a free hand to question people as they wish. The disparity in power cannot be erased but the police can be prevented from unfair procedures that are likely to exert undue pressure on suspects leading to unreliable confessions. Our trial procedures have many inbuilt protections for defendants that reflect a time when there was even greater disparity between the power of the state and that of the citizen. The role of the legal profession in criminal defence is comparatively recent ? and the idea that the state should pay for the professional defence of poor people is even more recent...
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