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03 February 2021 / Felicity Gerry KC
Issue: 7919 / Categories: Features , In Court , Training & education
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Trauma-informed courts (Pt 1)

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Felicity Gerry QC on why being trauma-informed is an issue for court integrity
  • Adopting a trauma-informed approach is an integral aspect of procedural fairness for the courts, and any failure to do so can impact on court integrity.

Experts agree, however, that essential components of trauma-informed care include awareness of the prevalence of trauma, understanding about the impact on service utilization and engagement, and commitment to incorporating those understandings in policy, procedure, and practice’ (Yatchmenoff D et al, ‘Implementing Trauma-Informed Care: Recommendations on the Process’, 2017 Advances in Social Work 18(1):167).

This is the first in a two-part series on trauma-informed courts. Part 1 suggests that courts taking a trauma-informed approach is an integral aspect of procedural fairness, and any failure to do so impacts on court integrity. Part 2 provides practical proposals for trauma-informed practices.

Introduction

The integrity of a criminal justice system is linked to trustworthiness and fairness. It exists in a cultural context and is associated with the moral authority of the individual and the organisation. The prevailing cultural perceptions of and feelings

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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