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Abstract

Special measures were introduced to vulnerable and intimidated witnesses in order to support witnesses in being able to give their best evidence at trial. However, on the exploration of special measures vulnerable defendants are excluded from provisions to support them, even if they have the same difficulties as vulnerable and intimidated witnesses such as intellectual impairments, communication difficulties and disabilities. This dissertation uses a literature review to consider the concerns of law academics Hoyano (2015) and Talbot (2012) in analysing and examining further research on the treatment of vulnerable defendants. Hoyano (2015) and Talbot (2012) argue the lack of parity of treatment between vulnerable witnesses and vulnerable defendants which, due to the lack of new studies surrounding the topic, the writer has investigated whether special measures for vulnerable and intimidated witnesses result in unfair treatment to vulnerable defendants at trial which could lead to miscarriage of justice. In addition, the writer explores effective participation for vulnerable defendants and discusses whether procedural safeguards which are set up in court are enough to protect the rights of defendants, even though vulnerable defendants may benefit from provisions of special measures. This dissertation explores this concern of treatment by individualising the rights, needs and interest of justice to investigate any inconsistencies that a vulnerable defendant may be at a disadvantage at trial, when they have the same difficulties as a vulnerable witness.

Course: Crime and Criminology - BSc (Hons) - C2113P

Date Deposited: 2020-11-23

URI/permalink: https://library.port.ac.uk/dissert/dis13616.html