The consideration of vulnerabilities

The Equal Treatment Benchbook is published by the Judiciary and is a dynamic document as it is frequently modified to reflect changes in legislation and Working Group findings that aim to ensure that all people within the justice system are treated fairly. Some examples of the aspects that the Equal Treatment Benchbook consider are:

Literacy and the court process 

Depending on the type of case, and whether an individual is represented, a party’s inability to read and write may cause particular difficulties in preparing cases and attending hearings, eg:

 • Understanding the content of court letters which require preparatory steps. 

• Communicating to the court any difficulties with compliance. 

• Understanding and absorbing particulars and documents provided by the other side.

• At the hearing itself, understanding and remembering the content of documents which are referred to. 

• Being unable to take notes to help remember what has been said earlier in the hearing. 

• Difficulty cross-examining a witness without pre-prepared notes as an aide memoire or being able to read the witness’s witness statement or refer to documents on the spot.

Acceptable definitions

The Equal Treatment Benchbook defines acceptable definitions as

"There are two ways of perceiving disability: the medical model and the social model. Most disabled people prefer the social model (ie that they are ‘disabled’ by social barriers) and would expect a judge to be aware of the difference. There are expressions and terms which should not be used as they may cause offence."

What is mental disability?

Mental disability is defined as: 

• Mental ill health. 

• Learning disabilities / developmental disorders / neurodiverse conditions. 

• Brain injury / damage. 

There are fundamental differences between these conditions, and they should not be confused. The degree of disability for each individual’s case can vary enormously.

The Benchbook recommends wide-ranging adjustments that should be followed with regards to Case Preparation and at Court Hearings.