In his recent article,(1) Charles Pollard has presented a case in favo
ur of several changes to the English criminal justice system. My aim h
ere is to argue for a different emphasis. Whilst I agree that there re
mains a need for a fundamental reappraisal of our approach to criminal
justice-a need recognised for many years, but not satisfied by the re
port of the Royal Commission on Criminal Justice-I suggest that we sho
uld be fully conscious of the history of the matter, clear about the v
alues to be upheld, and clear about the dangers to be avoided. My task
in this article is not to develop ''solutions'' or alternative propos
als,(2) but to challenge common arguments, some used by Pollard, some
used by others.