Author Archives: sfairclough1

Communicourt is the leading provider of court appointed intermediary services in England and Wales. The organisation was founded in 2011 to ensure fairness for people with communication needs in the justice system. In this blog post, Communicourt cover some of the highlights from the recent Vulnerable Accused Conference held at the University of Birmingham fromContinue reading “Bite-sized ‘take homes’ from the Vulnerable Accused Conference”

A neurodiversity-based comparison of cases involving the use of verbal and non-verbal communication used or presented by autistic defendants experiencing alexithymia or echolalia as evidence of guilt. Matthew McCallion is a 3rd year PhD student at the School of Law, Queen’s University Belfast. His thesis focuses on how courts determine the criminal liability of autisticContinue reading “‘If you do say anything, it may be given in evidence’:”

Dr Stephen Colman, University of Suffolk Introduction Increased recognition of victims in the criminal justice system has resulted in victims acquiring rights to challenge decisions not to prosecute.  There are three primary ways in which aggrieved victims can do this:  the CPS Victims’ Right to Review, Judicial Review or by bringing a private prosecution. TheContinue reading “Rights of Review and Vulnerable Defendants”

Katrina Whale (PhD researcher, University of South Wales) Introduction Whilst there is no universal definition of child criminal exploitation (CCE), adding to the difficulties in its quantification, the Serious Violence Strategy (2018) defines it as “where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a childContinue reading “Vulnerable, misunderstood, and immeasurable? Reflections on the complexities of Child Criminal Exploitation.”

Professor Ray Bull, University of Derby Introduction Several research studies have found that people with vulnerabilities, such as intellectual disability or/and autism, are more frequently suspects/the accused/defendants than are ordinary people.  For example, Johnston et al. (2016) found that around 70% of adolescent defendants had listening-comprehension skills below the norm for ten-year-olds.  Information provided byContinue reading “The Interviewing/Questioning of Vulnerable Suspects/Accused Persons.”

Martin Vaughan (University of Portsmouth) Introduction In 2001, the Home Office commissioned a national review of interventions that aimed to identify good practice for the management and supervision of investigative interviewing and evaluate the extent to which PEACE interviewing techniques for suspect, witness and victim interviews had been incorporated into workplace practice (Clarke and MilneContinue reading “Managing Investigative Interviews with Vulnerable Suspects: An analysis of interview strategies in high-stakes crime investigations in the UK: Are they fit for purpose?”

Chloe A. Holloway-George, School of Law, University of Nottingham The Experiences of Autistic People in Police Custody In England and Wales, autistic suspects are at risk of negative experiences in police custody which violate their human rights. During their interactions with custody staff, autistic people may encounter communication barriers which impact how they understand andContinue reading “Facilitating access to justice for autistic people in police custody in England and Wales: The case for reform”

Louise Parker, Dr Clea Wright and Dr Michelle Mattison, the School of Psychology, University of Chester. Introduction In England and Wales, it is a statutory requirement that the police caution is delivered upon arrest, at interview and if the suspect is charged with a criminal offence. The function of the caution is to inform theContinue reading “How police interviewers communicate the function of the caution in a suspect interview”

Bláithín O’Shea is a 3rd year PhD student in the School of Law, University of Limerick Introduction The prison environment is known to place human rights principles under strain, and while all persons are potentially vulnerable in prison, the pains of imprisonment are not experienced equally. In particular, many persons with intellectual disabilities (‘PWID’) face uniqueContinue reading “The Pains of Imprisonment for Persons with Intellectual Disabilities and the Potential of the Principle of Prison as a Last Resort”

Dr Samantha Fairclough, Associate Professor in Law, University of Birmingham Introduction This blog post outlines some of my preliminary research insights into the way in which defence barristers conceptualise what is in their vulnerable clients’ best interests when making decisions (alongside defendants) about whether and how they give evidence in criminal trials. While defendants areContinue reading “How do defence barristers conceptualise what is in their vulnerable clients’ best interests?”