The digitalisation of criminal proceedings and the vulnerable accused: what role might technological developments play in facilitating effective participation for the vulnerable?

Dr. Ashlee Beazley, Marie Skłodowska-Curie Postdoctoral Fellow, University of Luxembourg, Research Associate, KU Leuven Introduction While there is an ever-growing body of jurisprudence and scholarship concerned with the ability of vulnerable defendants to participate effectively in criminal proceedings, this has not (yet) addressed all of the concerns particular to those of the vulnerable accused. AmongstContinue reading “The digitalisation of criminal proceedings and the vulnerable accused: what role might technological developments play in facilitating effective participation for the vulnerable?”

Police decision-making and identification of vulnerable adult detainees – preliminary research findings

Marta Mikolajewska, University of Sheffield Introduction This paper is based on an ESRC-funded doctoral study aimed at examining the ways in which vulnerable adult detainees are defined, identified and safeguarded in police custody suites in England and Poland. Given the scarcity of comparative research on police detention – particularly in non-English-speaking, post-communist countries – theContinue reading “Police decision-making and identification of vulnerable adult detainees – preliminary research findings”

Meeting the Communication Support Needs of Defendants with Mental Health Conditions and Learning Disabilities in Criminal Court Proceedings: A Human Rights Evaluation of the Situation in England and Wales

Dr Edmore Masendeke, Alliance for Inclusive Education Keywords: Mental health conditions, learning disabilities, intermediaries, access to justice, UNCRPD, ECHR, fair trial, human rights, England and Wales, procedural fairness, reasonable accommodation Introduction Defendants with mental health conditions or learning disabilities often require communication support to understand court proceedings and participate effectively in their defence. Without thisContinue reading “Meeting the Communication Support Needs of Defendants with Mental Health Conditions and Learning Disabilities in Criminal Court Proceedings: A Human Rights Evaluation of the Situation in England and Wales”

Homicide Law for Vulnerable Defendants: Considerations for Law Reform in England and Wales

Dr Andrea Preziosi – Lawyer (Law Commission); Visiting scholar (Birmingham Law School)- andrea.preziosi@lawcommission.gov.uk Grace Bowland – Legal assistant (Law Commission); Criminal barrister (5 King’s Bench Walk) – grace.bowland@lawcommission.gov.uk Introduction The Law Commission of England and Wales has been asked to review the law relating to homicide offences, including partial defences to murder, full defences inContinue reading “Homicide Law for Vulnerable Defendants: Considerations for Law Reform in England and Wales”

“It’s just rap, m’am”: Rap Evidence & Defendant Vulnerability

Dr Abenaa Owusu-Bempah, LSE, a.owusu-bempah@lse.ac.uk The title quote is borrowed from the Texas Court of Criminal Appeals case, Hart v State of Texas. In this case, rap lyrics and videos unrelated to the crime charged helped secure the appellant’s conviction for murder. The music (which referenced weapons, cough syrup, and being a ‘trap king’) hadContinue reading ““It’s just rap, m’am”: Rap Evidence & Defendant Vulnerability”

Special Measures, Truth-Seeking and Desert: A Case Study on Autistic Defendants

Charlotte Newbold, PGR student at University of Nottingham Introduction An Autism Spectrum Disorder (ASD) diagnosis is not often identified early in the criminal justice process. There is a strong background of research which demonstrates cross-institutional barriers to identifying, diagnosing, and fairly treating autistic people between health and social care, the police and the courts system.Continue reading “Special Measures, Truth-Seeking and Desert: A Case Study on Autistic Defendants”

Neurodivergence & Disadvantage in Police Interviews

Melanie Jameson BA, PGCE, RSA Dip in SpLD, Associate Member of the British Dyslexia Assn. Dyslexia Consultancy Malvern http://www.dyslexia-malvern.co.uk  Email mj@dyslexia-malvern.co.uk The focus of this blog is a major subgroup within the umbrella of Neurodivergence (ND): namely the overlapping conditions of Dyslexia, Dyspraxia, Attention Deficit Hyperactivity Disorder, Dyscalculia and high-functioning Autism. It is largely basedContinue reading “Neurodivergence & Disadvantage in Police Interviews”

Protection of defendants who do not understand the language of the criminal proceedings in Slovenia: A stronger legal framework in a system under strain?

Dr Lora Briški, Assistant Professor at the Faculty of Law, University of Ljubljana and Research Associate at the Institute of Criminology at the Faculty of Law in Ljubljana Introduction Being able to understand the language used in criminal proceedings is essential for organising an effective defence and, ultimately, ensuring a fair trial. Defendants who doContinue reading “Protection of defendants who do not understand the language of the criminal proceedings in Slovenia: A stronger legal framework in a system under strain?”

The Single Justice Procedure and Vulnerable Defendants

Dr Stephen Colman, Associate Professor of Law, University of Suffolk Dr Charlotte Walker, Lecturer in Criminology, York St John University Introduction The Single Justice Procedure (SJP) was introduced by the Criminal Justice and Courts Act 2015 as a way of increasing efficiency in the magistrates’ court. In the first quarter of 2025 (January to March),Continue reading “The Single Justice Procedure and Vulnerable Defendants”

Autism in the Criminal Justice System: An Individual, Interpersonal, and Environmental (IIE) Model of Vulnerability

Dr Ralph Bagnall Research Associate, Centre for Applied Autism Research, University of Bath Dr Katie Maras Associate Professor, Centre for Applied Autism Research, University of Bath Introduction Autistic people are frequently reported as overrepresented in the criminal justice system (CJS), both as suspects and victims, and consistently encounter barriers throughout (Cooper et al. 2022; WoodhouseContinue reading “Autism in the Criminal Justice System: An Individual, Interpersonal, and Environmental (IIE) Model of Vulnerability”