Participation in Courts and Tribunals NOT for GENERAL SALE: Concepts, Realities and Aspirations

Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners' voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond. Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners' voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond Front Cover Participation in Courts and Tribunals: Concepts, Realities and Aspiration Copyright information Table of contents List of Boxes, Figures and Tables Notes on Contributors Acknowledgments Foreword ONE Introduction Key messages of this volume Investigating participation Study parameters ‘Vulnerability’ and ‘participation’ ‘Participation’ in law and legal procedure The study Notes References TWO Policy and Practice Supporting Lay Participation Approach Vulnerability Vulnerability in law Vulnerability among court users Evolution of special measures In the criminal courts Evaluating special measures in the criminal courts In the Family Court In the Employment Tribunal In the Immigration and Asylum Chamber Guidance for practitioners and judges Equality of arms Impacts of legal aid reforms Court users’ experiences of self-representing Court reform programme and access to justice Remote court attendance Online forms and processes Court closures Conclusion Notes References THREE Conceptualising Participation Introduction Interviews with practitioners: rationale and methodological approach What is participation? Participation entails: providing and eliciting information Participation entails: being informed Participation entails: being represented Participation entails: being protected Participation entails: being managed Participation entails: being present Why does participation matter? Participation is the exercise of legal rights Participation enables decision making Participation legitimates the judicial process and outcomes Participation provides (potential) therapeutic benefits Barriers to and facilitators of participation Remote court attendance Practitioners as facilitators Conclusion Notes References FOUR Observed Realities of Participation Introduction Observing court proceedings Institutional parameters of participation Observed commonalities: stories of conflict, loss and disadvantage Conflict Loss and disadvantage Telling the stories of conflict, loss and disadvantage Supporting and facilitating participation Responsiveness to vulnerabilities and need Assisting litigants-in-person Humanising and sympathetic responses Translation and disconnection Complexity Silencing of court users Underlining the disparities Disconnection Conclusion Notes References FIVE Looking Ahead Introduction International review Methodology for the literature search Witness intermediaries Ground rules hearings Court ‘facility dogs’ Pre-recording witness testimony in full Specialist hearing suites Specialist judicial guidance Reflections on innovative support for participation Court reform, the COVID-19 pandemic and court user participation Conclusion Aspirations for research, policy and practice Notes References Index Back Cover Available Open Access under CC-BY-NC licence. Barriers to participation in the court system is a recurring and important problem within the criminal justice system. This significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation