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
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]
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
