Author Archives: sfairclough1

Prof. dr. Lore Mergaerts (Leuven Institute of Criminology, KU Leuven) Introduction Over the last decade, the procedural rights of suspects during the pre-trial investigation – and police questioning in particular – have been increasingly emphasized. In this regard, the increased attention given to the exercise of procedural rights by so-called vulnerable suspects at both EuropeanContinue reading “The early identification of suspect vulnerability: the added value and limitations of existing tools and the potential of a new toolkit.”

Michelle White (Teeside University) Introduction With the rapid growth in popularity of Netflix-esque crime documentaries and the notoriety afforded to contemporary appeals cases, both domestically(e.g. R v Kiszko) and internationally(e.g. West Memphis 3, Innocence Project 2023), the perplexing quality of false confessions has never before occupied such a prominent place in the public’s awareness. However,Continue reading ““One’s credibility is a core feature of one’s identity” (William Hirstein, 2009): Considering Confabulation, Confession, Credibility and the Criminal Justice System.”

Dr Anne-Marie Day (Manchester Metropolitan University) Introduction Neurodivergent children are over-represented in the youth justice system in England and Wales, and experience a range of harms that isolate, exclude and stigmatise them. But very little attention has been given to their experiences in the youth justice system. This is despite the fact that up toContinue reading “The Silence of Neurodivergence in the Youth Justice System”

Kim Turner, Speech and Language Therapist and Senior Lecturer, Department of Health Professions, Manchester Metropolitan University. Claire Westwood, Speech and Language Therapist and Lecturer, School of Health and Care Professions, Birmingham City University. Introduction Imagine sitting through an entire trial where you don’t understand any of the charges or evidence against you. Questions are repeatedlyContinue reading “Speech, language and communication needs – what support is required for defendants?”

Chloe Hanna, PhD researcher (Queen’s University, Belfast) This paper will explore the post-acquittal vulnerability of persons accused of serious sexual offences in Northern Ireland. Drawing on qualitative interviews, it proposes an extension of defendant anonymity until the point of conviction as a means to address the stigma and shame experienced by accused individuals in theContinue reading “Anonymity for Persons Accused of Sexual Offences in Northern Ireland: Addressing Post-Acquittal Stigma, Shame, and Vulnerability”

Dr Tom Smith, Associate Professor in Law, UWE Bristol Introduction Good lawyering is fundamental to the protection of vulnerable individuals accused of criminal offences – but causes one to question what ‘good’ lawyering is in this context. One method of assessing this would be consideration of how effectively lawyers discharge their professional duties for such clients.Continue reading ““Missing the signs”: An legal-ethical analysis of ‘good’ lawyering for the neurodivergent accused”

Professor Penny Cooper (ICPR, Birkbeck, University of London) Introduction These two sentences are uncontroversial enough, but the reality of their implementation in the courtroom is not.  The meaning of ‘effective participation’, who can be classed as ‘vulnerable’, and what adjustments are available to defendants lack clarity and research is vital. What is effective participation? AContinue reading “Vulnerable defendants: Longstanding Challenges and Overdue Research”

Kathryn Hollingsworth (Newcastle University) This blog explores the impact and significance to child defendants of judicial communication of criminal sentences. This is a surprisingly and, in Cyrus Tata’s words, ‘shamefully’ under-examined area of research (Tata, 2020: 58). Thousands of children are sentenced in the criminal courts every year and for some (about five percent), theContinue reading “Kinder Justice: Communicating Legitimacy to Children during Sentencing”

Kathy Hampson (Aberystwyth University) and Stephen Case (Loughborough University) Introduction Children are routinely incentivised by the criminal justice system to admit guilt for actions being investigated, whether this be because of the threat of more serious action, or the promise of support should they agree. However, this generally happens in the absence of any realContinue reading “The centrality of ‘guilt’ in youth justice- conceptualising child ‘guilt’ for Child First justice”

Joanne Morrison (Lecturer in Intellectual Disabilities, St. George’s University & Registered Intermediary) Introduction Some academics and practitioners consider cross-examination to be less of a truth seeking exercise and more about ‘winning’ (the case) (Doak. et al., 2021; Keane, 2012; Morley, 2015).  In fact, cross-examination is considered a battle or a contest to be won (Morley,Continue reading “Is cross-examination of a vulnerable defendant with intellectual disability a fair communicative exchange?”