Does being watched change how justice is done? Lawyers in the Court of Protection say it does. Here are the top 5 ways.
Are there more? Comments welcome!
[1] Cases are opened properly with case summaries highlighting history of case + key issues + introduction to the parties.
Are there more? Comments welcome!
[1] Cases are opened properly with case summaries highlighting history of case + key issues + introduction to the parties.
[2] Role of observers is now routinely raised with P + P's family Responses include "acute distress", "mild anxiety", "neutrality", "active desire for observers + journalists to publicise injustice". Solicitors may need to become more skilled at these convos. + explaining TO.
[3] Taking more time to expressly set out legal basis underpinning hearing (human rights + MCA). Lawyers' views vary from "as the principles are pushed to the forefront of everybody's mind, they are more rigorously and consistently applied" to concern about extra time taken.
[4] "Reflective Practice" - in particular lawyers are reading @OpenJusticeCoP blogs (especially about their own hearings + better understand how non-lawyers view what they said and did + sometimes alter behaviour in future. (Can also be irritated by our misperceptions!)
[5] Improved civility from judges - "being observed also acts as a brake on some of their more obstreperous characteristics", judge is "less dismissive" with observer present. (This also reported from P's family in 6 different contested cases.)
We will be talking about how being watched changes the way justice is done across different courts (trials, inquests, family courts and tribunals) in a free webinar (4th Feb). Join us! bathpublishing.com/collections/la…
What's your experience of how being watched changes how justice is done? I'd be interested to know your experience (as advocate, solicitor, judge, P, P's family, litigant in person etc) - esp. but not only in the Court of Protection. DMs are open.
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