Cross-examination compared: the asymmetric treatment of vulnerable witnesses and vulnerable defendants

Cooper, D, Doak, J ORCID: https://orcid.org/0000-0002-3793-2819, Jackson, J, Saunders, C and Wright, D ORCID: https://orcid.org/0000-0003-2300-5915, 2024. Cross-examination compared: the asymmetric treatment of vulnerable witnesses and vulnerable defendants. Criminal Law Review, 9, pp. 609-626. ISSN 0011-135X

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Abstract

This article draws on new data to demonstrate that the asymmetrical provision of special measures in England and Wales of vulnerable witnesses and vulnerable defendants carries through into the manner in which vulnerable defendant witnesses are cross-examined. There has been a concerted effort in recent years to improve the cross-examination experience of vulnerable witnesses to help them achieve best evidence. However, this study found that defendant witnesses are not accorded the same treatment as non-defendant witnesses, and that the use of intermediaries and ground rules hearings to underpin these adaptations to cross-examination are rarely extended to vulnerable defendants. The article argues that intermediaries and ground rules hearings should be deployed more frequently to facilitate the cross-examination of vulnerable defendants and to enhance their effective participation in the trial.

Item Type:	Journal article
Publication Title:	Criminal Law Review
Creators:	Cooper, D., Doak, J., Jackson, J., Saunders, C. and Wright, D.
Publisher:	Sweet and Maxwell
Date:	11 September 2024
Volume:	9
ISSN:	0011-135X
Identifiers:	Number Type 2215129 Other
Rights:	This is a pre-copyedited, author-produced version of an article accepted for publication in Criminal Law Review following peer review. The definitive published version of Cooper, D., Doak, J., Jackson, J., Saunders, C., & Wright, D. (2024). Cross-examination compared: the asymmetric treatment of vulnerable witnesses and vulnerable defendants. Criminal Law Review is available online on Westlaw UK.
Divisions:	Schools > Nottingham Law School Schools > School of Arts and Humanities
Record created by:	Laura Ward
Date Added:	17 Sep 2024 08:47
Last Modified:	17 Sep 2024 08:47
URI:	https://irep.ntu.ac.uk/id/eprint/52230

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