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Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements

Pivaty, Anna orcid logoORCID: 0000-0003-2386-1017, Vanderhallen, Miet orcid logoORCID: 0000-0002-7292-2181, Daly, Yvonne Marie orcid logoORCID: 0000-0001-5654-665X and Conway, Vicky (2019) Contemporary criminal defence practice: importance of active involvement at the investigative stage and related training requirements. International Journal of the Legal Profession, 27 (1). pp. 25-44. ISSN 0969-5958

Abstract
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”.
Metadata
Item Type:Article (Published)
Refereed:Yes
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Routledge (Taylor & Francis)
Official URL:https://dx.doi.org/10.1080/09695958.2019.1706528
Copyright Information:© 2019 The Authors. Open access (CC-BY-NC 4.0)
ID Code:27444
Deposited On:28 Jul 2022 09:36 by Thomas Murtagh . Last Modified 28 Jul 2022 09:36
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