TY - JOUR
T1 - Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements
AU - Pivaty, Anna
AU - Vanderhallen, Miet
AU - Daly, Yvonne
AU - Conway, Vicky
N1 - Funding Information:
1 The SUPRALAT trainings evaluation report is available at www.salduzlawyer.eu . 2 The training was designed by a consortium of Maastricht University, Antwerp University, Dublin City University and Hungarian Helsinki Committee. It was funded by EU grant (JUST/2014/JTRA/AG/EJTR/6844; October 2015-September 2017). The training programme was given a shorthand title “SUPRALAT training” (SUPRALAT stands for: “[Strengthening] Suspects’ rights in pre-trial proceedings through PRActice-orientated LAwyers’ Training”). Following the “pilot” period, SUPRALAT training is being implemented in Belgium by the Flemish Bar Association as obligatory training for criminal lawyers participating in the duty lawyer scheme, and in Ireland by the Law Society of Ireland as part of its Finuas Skillsnet programme. For more details about the training programme, see www.salduzlawyer.eu . 3 Implemented under the NetPraLat (NETworking to strengthen pre-trial procedural rights by PRActice-oriented cross-border LAwyers Training) project funded by EU grant (JUST 2014/JTRA/AG/EJTR/6844). 4 A survey conducted in the US and published in Harvard Business Review found that lawyers were most likely to feel lonely at work out of all professions (followed by medical doctors). Achor, S., Rosen, Kellerman, G.S., Reece, A. & Robichaux, A. (2018), America’s Loneliest Workers, According to Research, Harvard Busineess Review . Available at: https://hbr.org/2018/03/americas-loneliest-workers-according-to-research, accessed 17 October 2019. 5 In the SUPRALAT trainings, the relevant communication skills were trained during two consecutive days with help of practical exercises (group discussions of simulated situations, roleplays and group feedback). The skills were first trained outside of the context, and then placed in the context of lawyer-client consultations and police interrogations. 6 This aspect of the SUPRALAT trainings was evaluated by the participants on average with 4,5 points on a 5-point Likert scale. 7 In the SUPRALAT training, reflective skills were trained both in a separate part of the training devoted to reflexivity (during the follow-up session), as well as during the sessions focusing on other thematic issues (by encouraging reflexive writing, posing reflective questions during group discussions, and stimulating peer feedback). 8 In the SUPRALAT trainings, for instance, the Belgian, Dutch and Irish participants created their respective Whatsapp virtual groups, which to our best knowledge remain functional until now. 9 In the SUPRALAT trainings, it was achieved, for example, by investing (considerable) time into getting to know each other, controlling the group size, and ensuring confidentiality of the training proceedings. 10 In Belgium, this aspect of the SUPRALAT trainings was evaluated by the participants on average with 4,4 points on a 5-point Likert scale. Police officers were present in the part of the training devoted to police interrogation. 11 See the information on the SUPRALAT trainings on the website of the Flemish Bar Association. Available at: http://www.ordeexpress.be/UserFiles/ArtikelDocumenten/0OVB-folder%20SUPRALAT%202019.pdf , accessed 17 October 2019.
Publisher Copyright:
© 2019, © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
PY - 2020
Y1 - 2020
N2 - The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.
AB - The shifting focus of criminal proceedings from the trial to the pre-trial stages leads to a changing role of criminal defence practitioners across Europe. European criminal defence lawyers are now expected to enter the proceedings earlier and exercise “active” and “participatory” defence as early as the investigative stage. Criminal lawyers, trained in the traditional trial-centred paradigm, are ill-prepared for this role, which results in an important skills gap. Legal representation at the investigative stage presents unique challenges, such as shortage of information, time pressures and the closed nature of pre-trial proceedings. It requires lawyers to operate in a more complex communication environment, than the one to which they have been accustomed. This article sets out the main elements of a professional training programme aiming to fill in the emerging skills gap. The training programme (SUPRALAT) was successfully implemented in Belgium, Hungary, Ireland and the Netherlands, and is being expanded further. The training focuses on effective communication skills, experiential learning and the development of reflective skills. It includes elements of interprofessional training and encourages the development of “communities of practice”.
KW - CUSTODIAL LEGAL ASSISTANCE
KW - INTERPROFESSIONAL EDUCATION
U2 - 10.1080/09695958.2019.1706528
DO - 10.1080/09695958.2019.1706528
M3 - Article
SN - 0969-5958
VL - 27
SP - 25
EP - 44
JO - International Journal of the Legal Profession
JF - International Journal of the Legal Profession
IS - 1
ER -