The role of equality in the provision of special measures to vulnerable and/or intimidated court users giving evidence in crown court trials

Fairclough, Samantha (2017). The role of equality in the provision of special measures to vulnerable and/or intimidated court users giving evidence in crown court trials. University of Birmingham. Ph.D.

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Abstract

Vulnerable and/or intimidated court users are able to give evidence with the assistance of special measures. This thesis examines the role of equality in the provision of such measures to those giving evidence in Crown Court trials. I adopt Keith Hawkins’ conceptual framework of surround, field and frames to analyse the multitude of factors relevant to understanding its role. The standard of equality I invoke is that which underpinned the initial development of special measures for non-defendant witnesses. This is used to assess whether the law remains committed to equal treatment despite the unequal provision of special measures between vulnerable and/or intimidated defendant and non-defendant witnesses. Furthermore, using findings from interviews undertaken with 18 criminal practitioners, I consider the role that the principle of equality appears to play in the use of special measures. I conclude that the principle of equality is not consistently upheld in the provision of special measures in law and practice. Barriers to its more prominent role include the way, and the socio-political context in which, special measures law developed; the legal field in which they are invoked; and the way that criminal practitioners appear to frame decisions about their use.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):