The Disappearing Trial
Country
Trial waiver
system?
Date of
adoption 160
Type of trial
waiver system
Reason for introduction
Cayman Islands
Yes
Pre-1990
Sentence incentives,
charge incentives
To avoid re-victimisation, incentivise
cooperation, reduce costs, and reduce the
number of trials
Chile
Yes
2000–2009
Sentence incentives
To improve efficiency and focus on higher
priority cases
China
Yes
1990–1999
Sentence incentives
To reduce caseload faced by courts
Colombia
Yes
2000–2009
Sentence incentives,
To incentivise cooperation and save time
cooperation arrangement/
crown witness system
Congo DR
No
-
-
Costa Rica
Yes
1990–1999
Sentence incentives,
To reduce costs and reduce the
cooperation arrangement/ number of trials
crown witness system
Croatia
Yes
2000–2009
Sentence incentives,
To avoid re-victimisation, incentivise
cooperation arrangement/ cooperation, provide more moderate means
crown witness system
of punishment, reduce costs, reduce the
number of trials, save time, and shorten
procedural deadlines/requirements
Czech Republic
Yes
2010–2016
Sentence incentives,
To provide adequate compensation to victims,
cooperation arrangement/ improve efficiency, incentivise cooperation,
crown witness system
promote restorative justice, provide a more
moderate means of punishment, reduce the
number of trials, save time, and to simplify/
modernise the criminal justice system
Denmark
Yes
2000–2009
Cooperation arrangement/ To assist in difficult investigations
crown witness system
Egypt
Yes
Pre-1990
Cooperation arrangement/ To incentivise cooperation
crown witness system
England & Wales Yes
Pre-1990
Sentence incentives,
charge incentives, fact
incentives, cooperation
arrangement/crown
witness system
To avoid re-victimisation, improve efficiency,
focus on higher priority cases, provide a more
moderate means of punishment, reduce costs
and to save resources and time
Equatorial
Guinea
Yes
Pre-1990
Sentence incentives,
charge incentives
To promote efficiency, reduce costs,
and save time
Estonia
Yes
1990–1999
Sentence incentives,
To promote efficiency and save time
cooperation arrangement/
crown witness system
-
160. W
e have used the dates that trial waivers were recognised in legislation or case law, meaning that an informal or unregulated trial
waiver system may have existed before the date range identified in the table.
75.
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