Using Hawkins's Surround, Field, and Frames Concepts to Understand the Complexities of Special Measures Decision Making in Crown Court Trials

Samantha Fairclough

doi:10.1111/jols.12100

Abstract

Adjustments to criminal trial processes, called special measures, are available to vulnerable and/or intimidated witnesses giving evidence. Findings from interviews with 13 criminal practitioners suggest that there are notable variations in the uptake of special measures between prosecution witnesses, defence witnesses, and the accused in Crown Court trials. These extend beyond any inequality in their legal provision. This article uses Keith Hawkins's conceptual framework of surround, field, and frames as a heuristic device to understand this differential uptake. The framework delineates the various factors – including the socio‐political, organizational, and attitudinal – which can influence decision‐making practices in relation to special measures. In doing so, this article demonstrates two things. First, that changing the legal provision is unlikely to effect much change in practice, absent specific complementary changes to the field. Second, that Hawkins's framework has potential as an explanatory device in decision‐making contexts outside his own health and safety setting.

Highlights

The special measures scheme enacted by the Youth Justice and Criminal Evidence Act 1999 (YJCEA) provides a series of adjustments to the traditional way of testifying in criminal trials.[1]
The interview findings that relate to the use of live link, screens, and intermediaries are discussed in this article
The article demonstrates that special measures decision making is intrinsically bound up with the socio-political surround and organizational field in which it is set

Summary

Introduction

The special measures scheme enacted by the Youth Justice and Criminal Evidence Act 1999 (YJCEA) provides a series of adjustments to the traditional way of testifying in criminal trials.[1]. Special measures enable the vulnerable and/or intimidated to give evidence from behind a screen (out of sight of the dock and public gallery); via a live link (from a room outside the courtroom); and/or with the assistance of an intermediary (a specialist communication expert).[7] Under the YJCEA, vulnerable witnesses include those who are young (under 18) or with a mental health problem or learning disability.[8] Intimidated witnesses, including complainants of sexual offences, are those in fear or distress in connection with testifying in the proceedings.[9]

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Conclusion