ABSTRACT
This chapter explores the issue of vulnerability in the criminal trial. It argues that by virtue of being a witness or an accused person in a criminal trial, lay participants are de facto vulnerable in our criminal justice system. Courts are often intimidating by design, and the formalities of our adversarial justice system makes giving evidence or participating in a criminal trial challenging for most. In addition to this, many complainants, witnesses, and defendants are additionally vulnerable as a result of their age (if they are under 18) or because they have a physical, mental, or learning disability or disorder. They may also be vulnerable because of the nature of the offence to which the proceedings relates, and/or as a result of other specific aspects of their background or identity. Adaptations to the traditional way of ‘doing’ criminal trials and eliciting evidence have come thick and fast in the form of special measures. These measures permit eligible witnesses to use video link, screens, pre-recording, and other communication support to give evidence. This chapter considers the theoretical justifications for these measures and whether they go far enough in protecting and assisting vulnerable individuals who are compelled to testify in criminal trials.
