Using Hawkins's Surround, Field, and Frames Concepts to Understand the Complexities of Special Measures Decision Making in Crown Court Trials

• Published in: Journal of law and society 2018-09, Vol.45 (3), p.457-485
• Main Author: Fairclough, Samantha
• Format: Article
• Language: English
• Subjects: Change agents; Court hearings & proceedings; Courts; Decision making; Inequality; Prosecutions; Safety; Trials; Uptake; Vulnerability; Witnesses
• ISSN: 0263-323X; 1467-6478
• DOI: 10.1111/jols.12100

Adjustments to criminal trial processes, called special measures, are available to vulnerable and/or intimidated witnesses giving evidence. Findings from interviews with 13 criminal practitioners suggest that there are notable variations in the uptake of special measures between prosecution witnesses, defence witnesses, and the accused in Crown Court trials. These extend beyond any inequality in their legal provision. This article uses Keith Hawkins's conceptual framework of surround, field, and frames as a heuristic device to understand this differential uptake. The framework delineates the various factors – including the socio-political, organizational, and attitudinal – which can influence decision-making practices in relation to special measures. In doing so, this article demonstrates two things. First, that changing the legal provision is unlikely to effect much change in practice, absent specific complementary changes to the field. Second, that Hawkins's framework has potential as an explanatory device in decision-making contexts outside his own health and safety setting.