Walker, Charlotte and Dehaghani, Roxanna (2026) Structural and Innate Vulnerability: Compounding Disadvantage in the Absence of Criminal Defence. The Criminal Law Review, 5. pp. 287-304.

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Abstract

Those who encounter the criminal process as suspects and defendants are structurally vulnerable due to their weakened position relative to the State. Some individuals are also innately vulnerable because of factors such as psychosocial and intellectual disability, or young age. Structural vulnerability can be addressed by access to an effective criminal defence lawyer, while innate vulnerability may be mitigated through a range of safeguards and measures implemented before and during trial. However, these safeguards and measures are facilitated through effective legal representation. This paper focuses on adult suspects and defendants and argues that decades of cuts to criminal legal aid have curtailed access to effective defence. These cuts have restricted - and, in many cases, removed - the fundamental role of the defence lawyer in addressing structural vulnerability. These restrictions also limit the capacity to respond to suspects’ and defendants’ innate vulnerability. Consequently, this compounds the vulnerability of suspects and defendants, producing a layered web of vulnerability.

Item Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in The Criminal Law Review following peer review. The definitive published version [insert complete citation information here] is available online on Westlaw UK.
Status:	Published
Subjects:	K Law > K Law (General)
School/Department:	School of Humanities
URI:	https://ray.yorksj.ac.uk/id/eprint/14229

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