Vulnerable Witnesses Within Family And Criminal Proceedings

Author : Frank Feehan,Caroline Harris (Lawyer)
Publisher : Unknown
Page : 226 pages
File Size : 54,5 Mb
Release : 2019
Category : Criminal procedure
ISBN : 1526507269

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Vulnerable Witnesses Within Family and Criminal Proceedings by Frank Feehan,Caroline Harris (Lawyer) Pdf

"Explaining the legal structure currently in place to assist vulnerable individuals, this brand new title covers every stage of proceedings, including the investigation/pre-proceeding, and postproceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties".

Author : Frank Feehan KC,Caroline Harris
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 46,8 Mb
Release : 2019-08-05
Category : Law
ISBN : 9781526507242

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Vulnerable Witnesses within Family and Criminal Proceedings by Frank Feehan KC,Caroline Harris Pdf

"...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway

Author : Frank Feehan KC,Caroline Harris
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 46,6 Mb
Release : 2019-08-05
Category : Law
ISBN : 9781526507259

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Vulnerable Witnesses within Family and Criminal Proceedings by Frank Feehan KC,Caroline Harris Pdf

"...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway

Author : Daina Wise
Publisher : Unknown
Page : 58 pages
File Size : 48,9 Mb
Release : 1998
Category : Child witnesses
ISBN : STANFORD:36105112786467

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Children in Court by Daina Wise Pdf

Author : Sally Penni
Publisher : Unknown
Page : 118 pages
File Size : 51,9 Mb
Release : 2022-04-12
Category : Electronic
ISBN : 191371585X

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A Practical Guide to Dealing with Vulnerable Witnesses in Criminal Courts and Beyond by Sally Penni Pdf

There is an ever increasing need to obtain the best evidence from vulnerable witnesses. The importance of recognising the extent of law relating to vulnerability continues to increase. The law also embraces Adults who have conditions such as a Learning Disability or who experience the effects of events and conditions such as autism and Asperger's. It is vital, therefore, that Practitioners can provide the best advice to clients and their families and supporters connected to this complex and developing area of work. It is equally important that other Professionals involved in assisting the court process understand the treatment of Vulnerable Adults and appreciate how the law impacts on their work and informs them of the best ways to achieve the best evidence rule. This book looks at the comprehensive regime affecting Vulnerable Adults, and reflecting the requirements of the Youth Justice and Evidence Act. It offers an overview of the content of case law in relation to vulnerable witnesses in the criminal courts and beyond, and the practical steps available to those advising them in criminal cases and beyond. The book also considers what assistance can be offered in other areas of law. This book offers practical advice. ABOUT THE AUTHOR Sally Penni is a Barrister at Law with 21 years' experience. She is an advocate specialising in public law with an emphasis on vulnerability. She is an Approved Advocate trainer, a Bencher of the Honourable Society of Gray's Inn. She is a member of the Board of TAG - the Advocates Gateway.

Author : Louise Ellison
Publisher : Oxford University Press on Demand
Page : 182 pages
File Size : 40,6 Mb
Release : 2001
Category : Law
ISBN : 0198299095

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The Adversarial Process and the Vulnerable Witness by Louise Ellison Pdf

Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process.At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures andmethods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principleof orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnessesit signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments atnational, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
Page : 1071 pages
File Size : 55,6 Mb
Release : 2021-02-10
Category : Law
ISBN : 9781526511485

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Evidence in Criminal Trials by Liz Heffernan Pdf

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.

Author : Jonathan Doak,Claire Mcgourlay,Mark Thomas
Publisher : Routledge
Page : 869 pages
File Size : 54,8 Mb
Release : 2015-06-05
Category : Law
ISBN : 9781317815082

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Evidence in Context by Jonathan Doak,Claire Mcgourlay,Mark Thomas Pdf

Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the?continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.

Author : Miriam Delahunt
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2023-10-23
Category : Electronic
ISBN : 1911611909

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Vulnerable Witnesses and Defendants in Criminal Proceedings by Miriam Delahunt Pdf

Author : Roderick Munday
Publisher : Oxford University Press
Page : 607 pages
File Size : 54,5 Mb
Release : 2022-03-22
Category : Electronic
ISBN : 9780192895660

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Evidence by Roderick Munday Pdf

Munday's Evidence is a concise yet stimulating introduction to the key areas of the law of evidence. Vibrant and engaging, the book demystifies a traditionally intimidating subject. Careful analysis of the issues, both historic and current, ensures that the text thoroughly explores the 'core' of the subject. Evidence is the ideal companion for those keen to grasp the core principles and current law of evidence. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks Guidance on answering the questions in the book can be found online.

Author : Scottish Law Commission
Publisher : Unknown
Page : 178 pages
File Size : 45,8 Mb
Release : 1988
Category : Child sexual abuse
ISBN : UOM:39015015501300

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The Evidence of Children and Other Potentially Vulnerable Witnesses by Scottish Law Commission Pdf

Author : Matthew Hall
Publisher : Springer
Page : 344 pages
File Size : 40,8 Mb
Release : 2018-01-18
Category : Social Science
ISBN : 9783319645896

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Victims of Crime by Matthew Hall Pdf

This volume critically engages with the development of official policy and reform in relation to the support of victims of crime both within and beyond the criminal justice system of England and Wales. Since the election of the Conservative/Liberal Democrat Coalition Government in May 2010 it is argued that victimization has increasingly taken on a greater cultural resonance both in England and Wales and in other industrialised countries. Images of terrorism, public debates around the handling of sexual victimisation by the courts, and the issue of child sexual exploitation have catapulted victim issues into the public consciousness like never before – generating a new form of what Hall terms ‘victim capital’. As such, this book utilises a combination of cultural victimological analysis, governance theory and legal scholarship to address fundamental questions concerning the drivers and impact of victim policy in England and Wales in the 21st century. An engaging and original study, this book will be of particular interest to scholars of victimology and the criminal justice system, as well as activists and policy makers.

Author : Council of Europe,Building a Europe for and with Children (Program)
Publisher : Council of Europe
Page : 140 pages
File Size : 50,5 Mb
Release : 2008-01-01
Category : Social Science
ISBN : 9287164320

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Eradicating Violence Against Children by Council of Europe,Building a Europe for and with Children (Program) Pdf

In spite of a high level of social awareness in Europe, millions of its children are still subjected to violence. Children's rights are violated on a daily basis in all European countries. Corporal punishment, sexual abuse, the exploitation of children and other similar violations are only now emerging into the public eye. While some progress has been made, it is far too slow and timid. Elaborately organised networks in human trafficking, online child pornography and sexual violence behind what should be the safe doors of the home still prevent Europe from fully guaranteeing children's human rights. The Council of Europe promotes and secures children's human rights through developing standards and policies, monitoring countries' compliance with norms, and launching awareness-raising actions. It also assists countries to develop comprehensive strategies addressing all forms of violence against children. This book references the Council of Europe's work in this field and provides insights into the processes that have led to its many conventions, recommendations, decisions, programmes, reports and publications.

Author : Northern Ireland. Law Commission
Publisher : Unknown
Page : 133 pages
File Size : 46,7 Mb
Release : 2011
Category : Evidence (Law)
ISBN : 0337097372

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Vulnerable Witnesses in Civil Proceedings by Northern Ireland. Law Commission Pdf

Author : Sharp Laura Sharp
Publisher : Edinburgh University Press
Page : 108 pages
File Size : 54,6 Mb
Release : 2013-02-08
Category : Law
ISBN : 9780748699537

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Vulnerable Witnesses Scotland Act 2004 by Sharp Laura Sharp Pdf

The Vulnerable Witnesses (Scotland) Act 2004 amends the Criminal Procedure (Scotland) Act 1995 for criminal cases. It creates a similar regime for civil cases, so that vulnerability of witnesses is considered, and measures are taken to support vulnerable witnesses to give evidence effectively. This book contains the Act's main provisions together with commentary to help you to understand it fully. Informed by the authors' experience of vulnerable witnesses in practice, the book provides an essential reference for lawyers, law students, those who lead or hear witness in court and other professionals dealing with young people and adults who may be vulnerable as potential witnesses.