Structural and innate vulnerability: Compounding disadvantage in the absence of criminal defence

Walker, C. and Dehaghani, R. ORCID: https://orcid.org/0000-0002-7400-9433 2026. Structural and innate vulnerability: Compounding disadvantage in the absence of criminal defence. The Criminal Law Review 2026 (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 disability, or youth. 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 facilitated through effective legal representation. This article focuses on adult suspects and defendants and argues that decades of cuts to criminal legal aid 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
Date Type:	Publication
Status:	Published
Schools:	Schools > Cardiff Law & Politics
Additional Information:	RRS policy applied
Publisher:	Sweet and Maxwell
ISSN:	0011-135X
Date of First Compliant Deposit:	2 April 2026
Date of Acceptance:	14 March 2026
Last Modified:	29 Oct 2026 12:00
URI:	https://orca.cardiff.ac.uk/id/eprint/186140

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