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‘It doesn’t happen… and I’ve never thought it was necessary for it to happen’: Barriers to vulnerable defendants giving evidence by live link in Crown Court trials

Fairclough, Samantha (2016) ‘It doesn’t happen… and I’ve never thought it was necessary for it to happen’: Barriers to vulnerable defendants giving evidence by live link in Crown Court trials. Working Paper. University of Birmingham, Birmingham.

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Abstract

Witnesses and defendants are able to give evidence by live link provided that they meet the vulnerability criteria set out in the Youth Justice and Criminal Evidence Act (1999). Findings from interviews undertaken with 18 criminal practitioners indicate that, even when a defendant is sufficiently vulnerable to qualify for the use of live link, the provision is rarely invoked. Drawing on this data, this article identifies a series of barriers which contribute heavily to the inaccessibility of the live link provision to vulnerable defendants giving evidence in their trials.

Type of Work:Monograph (Working Paper)
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Number of Pages:26
Department:Birmingham Law School, Centre for Professional Legal Education and Research
Date:December 2016
Series/Collection Name:CEPLER Working Papers
Keywords:Vulnerable defendant; special measures; live link; Crown court; legal profession
Subjects:K Law > K Law (General)
Copyright Holders:The Author
ID Code:2223

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