Speaking up for Injustice: Reconsidering the provision of special measures through the lens of equality

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Colleges, School and Institutes

Abstract

This article examines the commitment within the law to equality in the provision of special measures to vulnerable and/or intimidated witnesses, including the accused. This commitment is explored first in the development of special measures legislation for vulnerable and/or intimidated witnesses other than the accused, which culminated in the enactment of the Youth Justice and Criminal Evidence Act 1999. The justifications from the Speaking up for Justice Report for excluding the accused from the remit of this legislation are then assessed from perspective of equality. The final section of the article looks at the current law on special measures for vulnerable and/or intimidated defendants who chose to give evidence at their trial from that same perspective

Details

Original languageEnglish
Pages (from-to)4-19
JournalCriminal Law Review
Volume2018
Issue number1
Publication statusPublished - 1 Jan 2018

Keywords

  • Special measures, Vulnerable defendants, Criminal proceedings, Effective Participation, Equality