Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant s role as a participant in the criminal process and the ramifications of penalising a defendant s non-cooperation, particularly its effect on the adversarial system.

The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for...