Vulnerability in the criminal trial

This chapter explores the issue of vulnerability in the criminal trial and responses to it. Specifically, it focuses on adaptations to the traditional way of eliciting evidence from vulnerable witnesses (and defendants), which have come thick and fast in the last 20 years in the form of special measures. These measures permit eligible witnesses to use video link, screens, pre-recording, and other communication support such as intermediaries to give evidence. This chapter considers whether special measures go far enough in protecting and assisting vulnerable individuals who testify in criminal trials, through an exploration of issues including the (instrumental) conceptualisation of vulnerability, the exclusion of the accused, and the use of special measures in practice. Finally, this chapter considers the possible effects that the Covid-19 pandemic has had on the delivery of justice for vulnerable individuals as the accused or witnesses in the proceedings.