The Advocate's Gateway Toolkits

Ground Rules Hearings

Ground rules hearings and the fair treatment of vulnerable people in court

Covers ground rules hearings (GRHs) in the criminal courts, intended primarily for advocates, solicitors, police officers, social workers and judges. Written with criminal proceedings in England and Wales in mind, though the ground rules approach is also applied in the family courts, employment tribunals and the Court of Protection.

• Ground Rules Hearings Checklist

Case Management in Criminal Cases

Case management in criminal cases when a witness or a defendant is vulnerable

Designed to assist with case management when a witness or defendant is vulnerable. Its layout reflects the normal stages of the pre-trial and trial process.

• Essential Questions Checklist

General Principles from Research, Policy, and Guidance

Planning to question a vulnerable person or someone with communication needs

General information about questioning a vulnerable person or somebody with communication needs, intended primarily for advocates and judges, as well as police officers, social workers, solicitors and guardians.

Planning to Question Someone with Autism

Planning to question someone with an autism spectrum disorder including Asperger syndrome

A practical guide for advocates questioning either a witness or a defendant with autism spectrum disorder, bringing together policy, research and guidance on definitions of autism, how it can affect communication, and how to facilitate effective participation in the court process.

Planning to Question Someone with a Learning Disability

Planning to question someone with a learning disability

Brings together policy, research and guidance on definitions and characteristics of learning disability and how it can affect communication. Not a replacement for an individual communication assessment; an intermediary can help highlight communication needs (see Toolkit 16).

Planning to Question Someone with 'Hidden Disabilities'

Specific language impairment, dyslexia, dyspraxia, dyscalculia and AD(H)D

Developed to assist in cases where specialised assistance is required for a witness with a significant specific language difficulty, of which there should be diagnostic evidence such as a recent educational psychologist's report.

Planning to Question a Child or Young Person

Planning to question a child or young person

Addresses the approach to take when preparing to question a child or young person. Advocates must tailor their approach to the individual child and adapt to the witness, obtaining a full picture of the child's communication capabilities, which an intermediary can help with.

Additional Factors Concerning Children under Seven

Additional factors concerning children under seven (or functioning at a very young age)

Considers the additional factors relevant to questioning a child under seven. Very young children do not organise events in their minds as adults do, and can be particularly suggestible, but with clear expectations and appropriately modified questioning even very young children can recall and report past experience accurately.

Effective Participation of Young Defendants

Effective participation of young defendants

Considers how an advocate may ensure the effective participation of young defendants. All children under 18 require special consideration by virtue of their age and developmental immaturity, and teenagers are at particular risk of miscommunication.

Planning to Question Someone using a Remote Link

Planning to question someone using a remote link

Advises on the planning needed to question someone using a remote link, including identifying at the earliest opportunity those whose evidence would be best given via a remote link from a different location.

Identifying Vulnerability in Witnesses

Identifying vulnerability in witnesses and parties and making adjustments

Brings together policy, research and guidance on general principles and examples of adjustments for vulnerability, early identification, advocates' duties, obtaining expert advice, and special measures. Intended primarily for lawyers, witness supporters, judges, magistrates and police.

Planning to Question Someone who is Deaf

Planning to question someone who is deaf

Addresses the approach to take when planning to question someone who is deaf. Contains general guidance and is not a replacement for assessment by an appropriate expert such as a psychologist or Deaf Registered Intermediary.

Planning to Question Someone with a Suspected (or Diagnosed) Mental Health Disorder

General principles when questioning witnesses and defendants with mental disorder

Brings together policy, research and guidance on: areas of difficulty affecting communication because of a diagnosed or potential mental health disorder; the framing of questions; and case management.

Vulnerable Witnesses in the Family Court

Vulnerable witnesses and parties in the family courts

Intended primarily for advocates, solicitors, social workers, guardians, CAFCASS officers and judges. Deals with issues relating to vulnerable witnesses and parties in family proceedings involving children.

Vulnerable Witnesses in the Family Court - Crib Sheet

Crib sheet: vulnerable witnesses and parties in the family courts

Summarises the relevant law and procedure for advocates working with vulnerable witnesses in the family courts. For more detail, practitioners should consult the full Toolkit 13.

Using Communication Aids

Using communication aids in the criminal justice system

Summarises communication aids: definition, function, cautions and safeguards, types of aid and how they can be used, augmentative and alternative communication (AAC), and who may require them.

Witnesses and Defendants with Autism

Witnesses and defendants with autism: memory and sensory issues

Considers principles relating to persons with autism and memory and sensory issues. Advocates must treat every person with autism as unique, and expert evidence should be available to the advocates and court about the individual.

Intermediaries: Step by Step

Intermediaries: step by step

Intended primarily for advocates, judges, solicitors, police officers, dock officers, expert witnesses and social workers. Covers the court's duty to facilitate the attendance and participation of witnesses and defendants, especially where there is an intermediary.

Vulnerable Witnesses in the Civil Courts

Vulnerable witnesses and parties in the civil courts

A general guide for many differing types of legal process, focusing attention on vulnerability at all stages of case preparation, including where a case is settled, as well as at court.

Working with Traumatised Witnesses, Defendants and Parties

Currently under review

This toolkit is currently under review; a revised version will be published in due course.

Supporting Participation in Courts and Tribunals

Supporting Participation in Courts and Tribunals

Draws on research involving 159 interviews with judges, lawyers, court staff and other practitioners and over 300 hours of observational research across the criminal courts, Family Court, Employment Tribunal and First-tier Tribunal (Immigration and Asylum Chamber).

Court of Protection

Eliciting, Understanding, and Applying a Person's Values in Best Interests Decision Making

Draws on the Judging Values and Participation in Mental Capacity Law research (2018-2022, funded by the AHRC), including qualitative interviews with 56 legal professionals specialising in Court of Protection work.

Planning to Question People who Stammer

Planning to Question People who Stammer

Developed by the national charity STAMMA, drawing on the Equal Treatment Bench Book. Outlines the nature of stammering, its potential impact on communication and perception in a legal context, and practical strategies for pre-hearing preparation and in-court adjustments.

Planning to Question Someone with Fetal Alcohol Spectrum Disorder (FASD)

Planning to Question Someone with FASD

Brings together policy, research and guidance relating to definitions of FASD, how it can affect communication, and what should be done to facilitate effective participation of an individual with FASD in the court process.