Trauma-informed courts (Pt 1)

• Adopting a trauma-informed approach is an integral aspect of procedural fairness for the courts, and any failure to do so can impact on court integrity.

‘Experts agree, however, that essential components of trauma-informed care include awareness of the prevalence of trauma, understanding about the impact on service utilization and engagement, and commitment to incorporating those understandings in policy, procedure, and practice’ (Yatchmenoff D et al, ‘Implementing Trauma-Informed Care: Recommendations on the Process’, 2017 Advances in Social Work 18(1):167).

This is the first in a two-part series on trauma-informed courts. Part 1 suggests that courts taking a trauma-informed approach is an integral aspect of procedural fairness, and any failure to do so impacts on court integrity. Part 2 provides practical proposals for trauma-informed practices.

Introduction

The integrity of a criminal justice system is linked to trustworthiness and fairness. It exists in a cultural context and is associated with the moral authority of the individual and the organisation.