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Trauma-informed courts (Pt 2)

25 February 2021 / Felicity Gerry KC
Issue: 7922 / Categories: Features , In Court , Training & education
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Felicity Gerry QC provides some practical considerations for trauma-informed court practices
  • The pervasiveness of trauma can create acute challenges for the criminal justice system; a number of practical changes can be implemented to help develop a trauma-informed approach for the benefit of all court users.

‘Trauma informed care is not an evidence-based intervention with fidelity measures and clearly outlined strategies, nor is there a single definition’ (Yatchmenoff D et al, ‘Implementing Trauma-Informed Care: Recommendations on the Process’, 2017 Advances in Social Work 18(1):167).

This is the second in a two-part series on trauma-informed courts. Part 1 suggested that courts taking a trauma-informed approach is an integral aspect of procedural fairness and any failure to do so impacts on court integrity (see ‘Trauma-informed courts (Pt 1)'). This Part 2 provides practical proposals for trauma-informed practices, some of which are already developing in the context of human trafficking.

Introduction

Trauma-informed care is now recognised across most health and human services systems. Providers are calling for concrete examples of what

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