Defence lawyers’ views on and identification of suspect vulnerability in criminal proceedings

Abstract

Both case law of the European Court of Human Rights and EU legal instruments on the one hand, and academic legal psychological literature on the other, recognise the specific needs of so-called vulnerable suspects in criminal proceedings. In this regard, the important role of the criminal defence lawyer in compensating for a suspect's vulnerability is emphasised, especially because vulnerable persons require special care to understand their legal rights and to improve the quality of their statements. Consequently, defence lawyers must be aware early on in proceedings whether their clients can be qualified as vulnerable in order to adequately deal with this presumed vulnerability. In practice, determining early on whether or not a client is vulnerable is a challenging task.Drawing from a legal theoretical and qualitative empirical analysis, this article outlines how Belgian defence lawyers perceive and identify suspect vulnerability in the early stages of a criminal investigation.

The use of Intermediaries (communication specialists) at Parole Board oral hearings in England and Wales

“…The right to a fair trial is enshrined in Article 6 of the European Convention on Human Rights and defendants must be able to understand and to participate effectively in criminal proceedings (Mergaerts, 2022;Fairclough et al, 2023). There are different strategies used in various European jurisdictions to support individuals with speech, language and communication needs, which include the use of specialist courts and the use of adaptations, known as special measures, and one of these special measures is the intermediary, a communication specialist (Turner and Westwood, 2023).…”

“…The right to a fair trial is enshrined in Article 6 of the European Convention on Human Rights and defendants must be able to understand and to participate effectively in criminal proceedings (Mergaerts, 2022; Fairclough et al. , 2023).…”

Forensic interviews conducted with autistic adults in Japan: a review of the literature and directions for future research

“…Unsurprisingly, therefore, previous research has found that police officers often experience difficulties in interviewing these individuals (Dehagani, 2019 ; Geijsen, 2018 ; Gudjonsson, 2003 ; McKinnon & Grubin, 2013 ; Young et al., 2013 ). In addition, Mergaerts ( 2021 ) reports that, despite the identification of vulnerability, responses to any recognition by the police are not always adequate ones that safeguard such individuals – and their testimony (also Dehagani, 2019 ; Farrugia & Gabbert, 2019 ; Geijsen et al., 2018 ; Gudjonsson, 2003 , 2018 ). For example, Vaughan et al.…”