Gillian Clifford

Bio: Gillian Clifford is an academic researcher from Victim Support. The author has an hindex of 1, co-authored 1 publications receiving 4 citations.

The role of equality in the provision of special measures to vulnerable and/or intimidated court users giving evidence in crown court trials

Abstract: Vulnerable and/or intimidated court users are able to give evidence with the assistance of special measures. This thesis examines the role of equality in the provision of such measures to those giving evidence in Crown Court trials. I adopt Keith Hawkins’ conceptual framework of surround, field and frames to analyse the multitude of factors relevant to understanding its role. The standard of equality I invoke is that which underpinned the initial development of special measures for non-defendant witnesses. This is used to assess whether the law remains committed to equal treatment despite the unequal provision of special measures between vulnerable and/or intimidated defendant and non-defendant witnesses. Furthermore, using findings from interviews undertaken with 18 criminal practitioners, I consider the role that the principle of equality appears to play in the use of special measures. I conclude that the principle of equality is not consistently upheld in the provision of special measures in law and practice. Barriers to its more prominent role include the way, and the socio-political context in which, special measures law developed; the legal field in which they are invoked; and the way that criminal practitioners appear to frame decisions about their use.

Improving Access to Justice For Older Victims of Crime: Older People as Victims of Crime and the Response of the Criminal Justice System in Northern Ireland

Abstract: This Commissioned report examines how to improve access to justice for older victims of crime. It explores crime against older people and responses to it by the criminal justice system. An older person is defined for the purposes of this study as anyone aged 60 or over. Older people have been neglected in research-based studies on victims of crime. The interviews and focus groups with older people, including those who have experienced victimisation first-hand, provide key and unique insights into older peoples’ experiences of crime and the criminal justice system in Northern Ireland. It finds that the impact of crime on older people can include heightened fear of future victimisation; heightened fear amongst other older people in that community about victimisation; fear of loss of independence; altered lifestyle patterns; deterioration in mental or physical health; reduced resilience to deal with other traumatic events; fear of participating in the justice system (secondary victimisation). The study also examines police outcome (detection) rate statistics finding that for the most common categories of crime the likelihood of a case having a sanction outcome is lower for older victims of crime than for other adult age categories. This has been a trend over the last decade.The report explores why this is the case finding that there a number of contributory factors including heightened vulnerability in the older population; failures amongst agencies to identify vulnerability amongst this population and put in place appropriate supportive measures; and the impact of delay in the justice system on older victims. The report sets out a number of recommendations for improving access to justice for older victims of crime including the creation of a presumption in favour of special measures for older victims, creating a victim vulnerability matrix for older agencies to use when engaging with older victims and the establishment of an older people’s victim advocate.

Improving access to justice for older victims of crime by reimagining conceptions of vulnerability

Abstract: Abstract This article investigates the implications of recent research findings that establish that older victims of crime are less likely to obtain procedural justice than other age groups. It explores original empirical data from the United Kingdom that finds evidence of a systemic failure amongst agencies to identify vulnerability in the older population and to put in place appropriate support mechanisms to allow older victims to participate fully in the justice system. The article discusses how the legally defined gateways to additional support, which are currently relied upon by many common law jurisdictions, disadvantage older victims and require reimagining. It argues that international protocols, especially the current European Union Directive on victims’ rights, are valuable guides in this process of re-conceptualisation. To reduce further the inequitable treatment of older victims, the article advocates for jurisdictions to introduce a presumption in favour of special assistance for older people participating in the justice system.

Improving access to justice for older victims of crime: older people as victims of crime and the response of the criminal justice system in Northern Ireland. Technical report 2019.

Abstract: This report examines how to improve access to justice for older victims of crime in Northern Ireland. It explores crime against older people in Northern Ireland and responses to it by the criminal justice system. An older person is defined for the purposes of this study as anyone aged 60 or over. The Commissioner for Older People for Northern Ireland commissioned this research. Researchers from the School of Law at Queen’s University Belfast conducted the study. The first phase of research study was undertaken from January - July 2016. The second phase was conducted between January – April 2018. A further update was made January-March 2019. The study had a number of aims: (1) to better understand the experiences and expectations of older people when they are victims of crime in Northern Ireland, particularly in relation to their interactions with the agencies of the criminal justice system. (2) to better understand how the criminal justice agencies, in particular the Police Service of Northern Ireland (PSNI) and the Public Prosecution Service of Northern Ireland (PPS) respond to crimes involving older people as victims. (3) to make any relevant recommendations based on the research findings. This research study adopted a mixed methods approach combining analysis of quantitative and qualitative data. A statistical analysis of PSNI and PPS statistics was undertaken. In addition, interviews and focus groups were conducted with older people including those who have been victims of crime, as well as family members of older victims. Interviews and focus groups were also conducted with staff from the PSNI, PPS, Victim and Witness Crime Unit and Victim Support NI. The analysis of the results was informed by existing literature.