Samantha Fairclough

Samantha Fairclough

Birmingham Law School
Visiting Lecturer
Doctoral researcher

Contact details

Title of thesis: The role of the principle of equality in the provision of special measures to vulnerable court users.
Supervisors: Professor Richard Young and  Dr Imogen Jones 

Funding: ESRC

Qualifications

  • LLB (Hons) Law with Criminology (University of Manchester)
  • MRes Criminology and Socio-legal Studies (University of Manchester)

Biography

Throughout my undergraduate degree my interests were firmly rooted in the more socio-legal and criminological modules that I studied; particularly in issues arising from debates around criminal law, criminal evidence and criminal justice. Following the completion of a criminal evidence module, I became increasingly interested in the treatment of witnesses throughout criminal trials and the conceptualisation of miscarriages of justice.

Teaching

  • Criminal Law

Doctoral research

PhD title

The role of the principle of equality in the provision of special measures to vulnerable court users
Supervisors Professor Richard Young and Dr Imogen Jones
Course Law PhD / PhD by Distance Learning / MPhil / MJur

Research

My research explores the role of the principle of equality in the provision of special measures to vulnerable court users.

Other activities

Links to the legal profession have been facilitated by CEPLER

Public Engagement and Impact:

  • August 2015: I was invited to present my research findings to the Law Commission in relation to their review of the law on unfitness to plead. My research has been cited in the impact assessment attached to their final report.
  • June 2015: Presentation of research findings at The Advocate’s Gateway International Conference: ‘Addressing Vulnerability in Justice Systems.’ Title: ‘Defendants and Live Link.’ Attendees included practitioners, policy makers and academics.

Funding bids:

  • CAL Postgraduate Development Fund, Team bid for PGR Conference. Awarded: £597.68 (March 2015)
  • ESRC studentship. (March 2013)

Conference Papers:

  • ‘Insights from practice: defendant use of special measures.’ Midlands PGR Conference, Birmingham Law School (May 2016)
  • ‘"Well you’ve committed a serious offence – you can’t be that vulnerable.” The conceptualisation of vulnerability and defendant use of special measures.’ Socio-legal Studies Association (SLSA) Annual Conference (April 2016)
  • ‘Assistance of vulnerable defendants in criminal trials.’ Midlands PGR Conference, University of Leicester (May 2015) (Best Paper Prize)
  • ‘Should/can defendants have equal access to special measures?’ Work-in-progress seminar series, Birmingham Law School (March 2015)
  • ‘Can we justify denying, or at least limiting, defendants’ access to special measures?’ Birmingham Law School PGR Conference (June 2014)
  • ‘Unequal justice? Examining the availability of special measures to defendant and non-defendant witnesses’ Criminal Justice and Human Rights: Dignity under Challenge Conference, University College Cork, Ireland (June 2014)

Conference organisation:

  • Birmingham Law School PGR conference: ‘Law’s impact in the Real World’ (June 2015). 14 papers delivered
  • ESRC Midlands DTC Conference, University of Birmingham: ‘Research Matters’ (June 2014). 28 papers delivered
  • Birmingham Law School PGR Conference: ‘Transcending Boundaries in the Law’ (June 2014). 26 papers delivered

Student Representative:

  • 2013 – 2015: Student Representative for ESRC funded students at University of Birmingham
  • 2013 – 2015: Student Representative for PGCARMS students
  • 2013 – 2014: Postgraduate Representative on Birmingham Law School Board of Postgraduate Studies

Other:

  • Multiple delivery of University outreach programme workshop: ‘Could you give evidence in court?’ (2014-15)
  • Assisted Dr. Malkani on the launch of the pro-bono project ‘Criminal Appeals Assistance Unit’ (2014-15)

Publications

Book chapters

  • (with Dr Imogen Jones, University of Birmingham), ‘The victim in Court’ in S Walklate (ed) Handbook of Victims and Victimology (8,000 words). Forthcoming: March 2017

Articles

  • “It doesn’t happen…and I’ve never thought it was necessary for it to happen.” Barriers to vulnerable defendants giving evidence by live link in Crown court trials.’ International Journal of Evidence and Proof. (12,000 words including footnotes). Forthcoming: January 2017