The Disappearing Trial • Do defendants have the ability to appeal convictions resulting from trial waivers where procedural violations or new evidence make the conviction unsafe? • W here relevant, is monitoring taking place to assess whether the human rights purpose for which the trial waiver system was introduced (e.g. reduction of pre-trial detention, moderation of sentences, reduction of reliance on incarceration) has been fulfilled? And are other efforts to fulfil that human rights purpose (e.g. sentencing and pre-trial detention reform, decriminalisation, and diversion from the criminal justice system for minor offences or certain vulnerable suspects) continuing? 148. Monitoring and data collection  Jurisdictions with trial waiver systems should also endeavour to collect key data in relation to the operation of the system to help evaluate its overall impact on justice outcomes and expenditure, most of which, our research has indicated, is not currently being systematically collected. States considering the introduction of trial waiver systems or in the process of adopting such systems should take the opportunity to establish baselines of data along these lines prior to implementation, so that the impact of the trial waiver system can subsequently be measured. States should gather the following data, where relevant according to the different features of each trial waiver system: • Percentage of convictions obtained through trial waivers, disaggregated by type of charge and demographics of the defendant. • The percentage of defendants in pre-trial detention who waive their right to trial, versus the percentage of defendants not in pre-trial detention who do so. • The percentage of defendants in pre-trial detention who waive their right to trial, versus the percentage of defendants in pre-trial detention who do not waive their right to trial. • Average sentences imposed on defendants who waive their right to trial, versus those who proceed to trial (disaggregated by offence charged). • Number of case dismissals per year before the introduction of a trial waiver system versus the number of case dismissals following the introduction of a trial waiver system. • Data on patterns in charging behaviour by prosecutors following the introduction of a trial waiver system (for example, whether prosecutors increase the number or severity of charges in order to incentivise trial waivers). • Rate of arrest and rate of charge/prosecution following arrest prior to and following introduction of a trial waiver system or changes to that system. • Percentage or number of cases concluded through a trial waiver in which an appeal against conviction is later made, and the success rate of these appeals. • Percentage of people who waive their right to a trial who are subsequently exonerated. • Percentage of defendants who waive their right to a trial without legal representation. • Average length of pre-trial detention in cases resolved by trial waivers versus those which proceed to trial. Please get in contact with us if you have questions or information to share, if you disagree with our analysis or want to discuss further. 73.