Vulnerable Witnesses and Defendants in Criminal Proceedings
Author: Miriam Delahunt
ISBN: 9781911611905
Format: Hardback
Extent: Approx 400 pages
Published: 8 January 2024
In recent years, the challenges facing vulnerable witnesses and defendants in the criminal justice system have been brought to the fore through high profile cases in Ireland and beyond. Improvements have been made through the increased use of support measures such as intermediaries and recorded testimony to facilitate the evidence of complainants. In addition, the courts have attempted to ensure that the most vulnerable defendants can participate more fully in criminal proceedings. However, confusing and complex legislation and practices are difficult to negotiate. This book sets out the issues in a practical and immediate manner aimed at assisting those involved in every aspect of criminal proceedings.
The evidence of children, persons with an intellectual disability and complainants / witnesses involved in sexual or violent offences is facilitated through support measures such as video link, recorded testimony, intermediaries and screens. These measures are examined as well as recent case law and practices relating to procedural aspects affecting the most vulnerable witnesses in the criminal justice system.
Whether for the practitioner, academic or non-profit organisation, this book will be of use in giving a practical overview and insight into the challenges and solutions relating to the vulnerable witnesses and defendants in Ireland today.
Contents Include
Introduction
Anonymity/Reporting Restrictions and In Camera /Exclusion of the Public/ Otherwise than in Public proceedings
Application For A Direction -Issues For Vulnerable Defendants / Witnesses
Bail – Issues For Vulnerable Defendants/Victims
Competence / Compellability/Corroboration
Court Accompaniment
Disability and the Courts
Disclosure
Doctrine Of Recent Complaint
Ground Rules Hearings
Identification
Information To Juries
Intermediaries
Intermediaries For Vulnerable Defendants
Judge’s Charge / Comments By Judge In The Course Of The Trial
Jurisdiction Of Support Measures
Mandatory Reporting/Disclosure
Preliminary Trial Hearings
Pre-Trial Depositions
Pre-Trial Issues – Child Defendants
Previous Sexual History/Private Life – Restrictions On Evidence/Cross Examination
Putting The Case
Recorded Testimony
Refreshing The Witness’ Memory
Right To Cross Examine
Screens
Sentencing Issues – Vulnerable Defendants/Victims
Restorative Justice
Video Link
Wigs And Gowns
Author: Miriam Delahunt
ISBN: 9781911611905
Format: Hardback
Extent: Approx 400 pages
Published: 8 January 2024
In recent years, the challenges facing vulnerable witnesses and defendants in the criminal justice system have been brought to the fore through high profile cases in Ireland and beyond. Improvements have been made through the increased use of support measures such as intermediaries and recorded testimony to facilitate the evidence of complainants. In addition, the courts have attempted to ensure that the most vulnerable defendants can participate more fully in criminal proceedings. However, confusing and complex legislation and practices are difficult to negotiate. This book sets out the issues in a practical and immediate manner aimed at assisting those involved in every aspect of criminal proceedings.
The evidence of children, persons with an intellectual disability and complainants / witnesses involved in sexual or violent offences is facilitated through support measures such as video link, recorded testimony, intermediaries and screens. These measures are examined as well as recent case law and practices relating to procedural aspects affecting the most vulnerable witnesses in the criminal justice system.
Whether for the practitioner, academic or non-profit organisation, this book will be of use in giving a practical overview and insight into the challenges and solutions relating to the vulnerable witnesses and defendants in Ireland today.
Contents Include
Introduction
Anonymity/Reporting Restrictions and In Camera /Exclusion of the Public/ Otherwise than in Public proceedings
Application For A Direction -Issues For Vulnerable Defendants / Witnesses
Bail – Issues For Vulnerable Defendants/Victims
Competence / Compellability/Corroboration
Court Accompaniment
Disability and the Courts
Disclosure
Doctrine Of Recent Complaint
Ground Rules Hearings
Identification
Information To Juries
Intermediaries
Intermediaries For Vulnerable Defendants
Judge’s Charge / Comments By Judge In The Course Of The Trial
Jurisdiction Of Support Measures
Mandatory Reporting/Disclosure
Preliminary Trial Hearings
Pre-Trial Depositions
Pre-Trial Issues – Child Defendants
Previous Sexual History/Private Life – Restrictions On Evidence/Cross Examination
Putting The Case
Recorded Testimony
Refreshing The Witness’ Memory
Right To Cross Examine
Screens
Sentencing Issues – Vulnerable Defendants/Victims
Restorative Justice
Video Link
Wigs And Gowns
Author: Miriam Delahunt
ISBN: 9781911611905
Format: Hardback
Extent: Approx 400 pages
Published: 8 January 2024
In recent years, the challenges facing vulnerable witnesses and defendants in the criminal justice system have been brought to the fore through high profile cases in Ireland and beyond. Improvements have been made through the increased use of support measures such as intermediaries and recorded testimony to facilitate the evidence of complainants. In addition, the courts have attempted to ensure that the most vulnerable defendants can participate more fully in criminal proceedings. However, confusing and complex legislation and practices are difficult to negotiate. This book sets out the issues in a practical and immediate manner aimed at assisting those involved in every aspect of criminal proceedings.
The evidence of children, persons with an intellectual disability and complainants / witnesses involved in sexual or violent offences is facilitated through support measures such as video link, recorded testimony, intermediaries and screens. These measures are examined as well as recent case law and practices relating to procedural aspects affecting the most vulnerable witnesses in the criminal justice system.
Whether for the practitioner, academic or non-profit organisation, this book will be of use in giving a practical overview and insight into the challenges and solutions relating to the vulnerable witnesses and defendants in Ireland today.
Contents Include
Introduction
Anonymity/Reporting Restrictions and In Camera /Exclusion of the Public/ Otherwise than in Public proceedings
Application For A Direction -Issues For Vulnerable Defendants / Witnesses
Bail – Issues For Vulnerable Defendants/Victims
Competence / Compellability/Corroboration
Court Accompaniment
Disability and the Courts
Disclosure
Doctrine Of Recent Complaint
Ground Rules Hearings
Identification
Information To Juries
Intermediaries
Intermediaries For Vulnerable Defendants
Judge’s Charge / Comments By Judge In The Course Of The Trial
Jurisdiction Of Support Measures
Mandatory Reporting/Disclosure
Preliminary Trial Hearings
Pre-Trial Depositions
Pre-Trial Issues – Child Defendants
Previous Sexual History/Private Life – Restrictions On Evidence/Cross Examination
Putting The Case
Recorded Testimony
Refreshing The Witness’ Memory
Right To Cross Examine
Screens
Sentencing Issues – Vulnerable Defendants/Victims
Restorative Justice
Video Link
Wigs And Gowns