The Trauma-Informed Trial: A Conceptual Framework to Guide Practice

Abstract

The criminal trial (and broader legal system) replicates trauma dynamics. For court participants who have experienced traumatic events (such as victims, defendants and other witnesses), this creates a risk of re-traumatisation. The concept of trauma-informed practice aims to guide practices so that re-traumatisation is minimised and no further harm is done. While a number of conceptual frameworks for trauma-informed practice have been developed, these have limitations, including that a conceptual framework for application in the context of the criminal trial (and, indeed, the legal system more broadly) has not yet been settled. This article presents a conceptual framework for the ‘trauma-informed trial’. Such a framework will be an invaluable tool for those seeking to assess the extent to which existing criminal trial practices are trauma-informed and to inform development of trauma-informed reforms to the trial. In this way, application of the framework may assist to minimise the re-traumatisation of criminal trial participants. With further refinement, the conceptual framework could even be suitable for application to other legal system contexts.