SPIG has made the following submission:
In the UK we must be unique in that in family proceedings your opponent can place on the court file false or misleading information about you, which is read by the judge and affects his view; BUT:
This is an infarction of the principles of natural justice and prevents a fair hearing.
We have many examples where people have found that the judge's attitude to them has changed dramatically after reading something from the court file.
The WHOLE file must be made available to litigants - that means all correspondence - not just the affidavits, pleadings and orders as at present.
The situation is probably similar (but more dangerous) in criminal proceeedings
Submissions can be sent to: submissions@democracy.org.uk
David Cannon
Last updated - 17 March 1998