Research, publications and impact

Penny is widely published in academic and professional journals.

Her research has led to widespread changes in legal practice in the United Kingdom and overseas.

Penny’s research is widely cited in government reports, academic articles and court judgments and her publications are frequently relied on by professionals in court.

One leading QC wrote: “Your article was extremely helpful in stemming a possibly unfortunate development in the case…it was helpful not just to the Prosecution but to the eight other defendants who were potentially disadvantaged.”

Penny’s publications include articles, books, book chapters and research reports.

Peer-reviewed Journal Article 

Maras, K., Crane, L., Mulcahy, S., Hawken, T., Cooper, P., Wurtzel, D., & Memon, A., (2017). Autism in the courtroom: experiences of legal professionals and the autism community. Journal of Autism and Developmental Disorders. (In press).

Cooper, P., & Allely, C. (2017). You can’t judge a book by its cover: Evolving professional responsibilities, liabilities and ‘judgecraft’ when a party has Asperger’s Syndrome. Northern Ireland Legal Quarterly, 68 (1), 35–58.

Cooper, P., Backen, P., & Marchant, R. (2015). Getting to grips with Ground Rules Hearings – a checklist for judges, advocates and intermediaries. Criminal Law Review, 2015, 6, 420-435.

Cooper, P., & Wurtzel, D., (2014). Better the second time around? Department of Justice Registered Intermediaries Schemes and lessons from England and Wales. Northern Ireland Legal Quarterly, 65(1), 39-61.

Cooper, P. (2014). Speaking when they are spoken to: hearing vulnerable witnesses in care proceedings. Child and Family Law Quarterly, 26(2), 132-151.

Cooper, P., & Wurtzel, D. (2013). A day late and a dollar short: in search of an intermediary scheme for vulnerable defendants in England and Wales. Criminal Law Review, 2013, 1, 4-22.

Brammer, A., & Cooper, P. (2011). Still waiting for a meeting of minds: child witnesses in the criminal and family justice systems. Criminal Law Review, 2011, 12, 925-942.

Peer-reviewed Case Study

Cooper, P. (2016). A Double First in Child Sexual Assault Cases in New South Wales: Notes from the first witness intermediary and pre-recorded cross-examination cases. Alternative Law Journal, 41(3), 191-194.

Commentary

Cooper, P. (2017). R. v Blackman (Alexander Wayne), The Defendant’s Vulnerability, Criminal Law Review, 2017, 7, 555-562.

Cooper, P. (2017). R. v Rashid – Intermediaries for defendants and advocates’ professional competence. Criminal Law Review, 2017, 5, 420 – 421.

Cooper, P. (2016). Re E (A Child) (Family Proceedings: Evidence). Criminal Law Review, 2016, 9, 649-652.

Alley, C., Cooper, P., & Wood, T. (2016). Adults with Autism in the Criminal Justice System. The Psychologist, 2016, 29, November, 812.

Cooper, P. (2015). R. v Jonas (Sandor). Criminal Law Review, 2015, 9, 742-746.

Cooper, P. (2015). R. v Krezolek (Mariusz); R. v Luczak (Magdalena). Criminal Law Review, 2015, 8, 628-630.

Cooper, P. (2016). F v Crown Prosecution Service. Criminal Law Review, 2016, 2, 124-127.

Cooper, P. (2014). Letter to the Editor. Criminal Law Review, 2015, 6, 451-452. (Editor-invited response to Daniele, ‘Testimony through a Live Link in the Perspective of the Right to Confront Witnesses’.)

Cooper, P. (2012). Jones v Kaney and Other Disincentives: Why the Supreme Court’s Decision Should Prompt a Law Commission Review of the Law in Relation to Expert Witness Evidence in Family Cases. Child and Family Law Quarterly, 24(2), 234-250.

Book/ Chapter

Cooper, P., Mattison, M., & Norton, H. (2017). Looking Ahead. In Cooper, P., & Norton, H. (Eds.), Vulnerable People and the Criminal Justice System – A Guide to Law and Practice, Oxford, England: Oxford University Press. (In press).

Cooper, P., & Farrugia, L. (2017). Ground Rules Hearings. In Cooper, P., & Norton, H. (Eds.), Vulnerable People and the Criminal Justice System – A Guide to Law and Practice, Oxford, England: Oxford University Press. (In press).

Cooper, P., & Gerry, F. (2017). Vulnerability and Defences. In Cooper, P., & Norton, H. (Eds.), Vulnerable People and the Criminal Justice System – A Guide to Law and Practice, Oxford, England: Oxford University Press. (In press).

Cooper, P. (2016). Vulnerable and intimidated witnesses: Special measures, competence, consent and cross-examination. In Brammer, A. & Boylan Kemp, J. (Eds.), Critical Issues in Social Work Law. London, England: Palgrave Macmillan.

Cooper, P., & Hunting, L. (2016). Addressing Vulnerability in Justice Systems. London, England:  Wildy.

Cooper, P. (2016). Valuable Lessons and Poor Relations: Comparing the English Criminal and Family Justice Systems’ Approaches to Vulnerable and Intimidated Witnesses. In Cooper, P., & Hunting, Linda (Eds.), Addressing Vulnerability in Justice Systems. London, England: Wildy.

Cooper, P. (2014). Court and Legal Skills for Social Workers. London, England: Palgrave.

Cooper, P. (2011). ABE interviews, children’s testimony and hearing the voice of the child in family cases: Are we barking up the right tree?’ in The Rt. Hon Lord Justice Thorpe & Tyzack, W. (Eds.), Dear D.: A memo to the Norgrove Committee from the Dartington Conference 2011. Bristol, England: Jordans.

Cooper, P. (2008). Law schools addressing the training needs of expert witnesses, in Frenkel, D. A., & Gerner-Beuerle, Carsten. (Eds.) Selected Essays on Current Legal Issues. Athens: Athens Institute for Education and Research.

Cooper, P., & Vizard, E. (2007). The Expert Witness Pack (incl. DVD) in Lord Justice Wall, Handbook for Expert Witnesses in Children Act Cases. Bristol, England: Jordans.

Cooper, P. (2006). Reporting to Court Under the Children Act – A handbook for practitioners. London, England: TSO.

Cooper, P. (2006). Expert Witness Training. In Sir Louis Blom-Cooper (Ed.), Experts in the Civil Courts. Oxford, England: Oxford University Press.

Research Project Report

Cooper, P., (2014). Highs and lows: the 4th intermediary survey. (Project Report) Kingston upon Thames, U.K.: Kingston University. 36 p.

Cooper, P., (2012). Tell me what’s happening 3: registered intermediary survey 2011. (Project Report) London, U.K.: City University. 14 p.

Cooper, P., (2011). Tell me what’s happening 2: registered intermediary survey 2010. (Project Report) London, U.K.: City University. 16 p.

Cooper, P., (2009). Tell me what’s happening: registered intermediary survey 2009. (Project Report) London, U.K.: City University. 9 p.

Cooper, P., (2007). Expert Witness Lessons, London, U.K.: City University, funded by 2007 HEFCE Scholarship of Teaching and Learning Major Award, City University Staff Research Commendation).

Justice Department Intermediary Procedural Guidance

 Cooper, P., Wurtzel, D., & Department of Justice (2016). The Registered Intermediaries Procedural Guidance Manual. Belfast, Northern Ireland: Department of Justice.

Cooper, P. (2016). Children’s Champion (witness intermediary) Procedural Guidance Manual. New South Wales, Australia: Department of Justice.

Cooper, P., Wurtzel, D., & Ministry of Justice (2015). Registered Intermediary Procedural Guidance Manual. London, England: MOJ.

Cooper, P., Wurtzel, D., & Department of Justice (2012). The Registered Intermediaries Procedural Guidance Manual. Belfast, Northern Ireland: Department of Justice.

Cooper, P., Wurtzel, D., & Ministry of Justice (2011). Registered Intermediary Procedural Guidance Manual. London, England: MOJ.

Office for Criminal Justice Reform with Cooper, P., Garrow, V., & Wurtzel, D. (2005). Intermediary Procedural Guidance Manual.  London, England: Home Office/OCJR.

Practitioner ‘TAG’ Toolkit

Cooper, P. (2017). Toolkit 16: Intermediaries: Step by Step (3rd ed.) London: The Inns of Court College of Advocacy, The Advocate’s Gateway.

Cooper, P. (2016). Toolkit 1: Ground Rules Hearings and the Fair Treatment of Vulnerable People in Court (2nd ed.) London: The Inns of Court College of Advocacy, The Advocate’s Gateway.

Cooper, P. (2017). Toolkit 10: Identifying vulnerability in witnesses and defendants (2nd ed.) London: The Inns of Court College of Advocacy, The Advocate’s Gateway.

Practitioner Journal Article 

Penny has published over sixty practitioner articles on witness evidence including the following:

Cooper, P. (2017). Moving the Bar: Is Cross-examination any good? Mental Capacity Report: Practice and Procedure, March 2017, 74, 3-6.

Cooper, P. & Arnold, J. (2017). Listening without prejudice? Procedural adjustments in the employment tribunal. ELA Briefing, March 2017, 5-7.

Cooper, P. (2017) Cross-examination of vulnerable people by alleged abusers in person. Family Law, February 2017, 46, 245-247.

Cooper, P., Berryessa, C., & Allely, C., (2016). Understanding what the defendant with Asperger’s syndrome understood Effective Use of expert evidence to inform Judges and juries. Criminal Law & Justice Weekly, 2016, 180(44), 792-794.

Cooper, P., & Mattison, M. (2016). Getting the Best Evidence from Child Complainants in Sex Abuse Cases: The First Witness Intermediaries in Australia. Australian Police Journal, December 2016, 70(4), 200-203.

Cooper, P., & Allely, C. (2016). The Curious Incident of the Man in The Bank: Procedural Fairness and a Defendant With Asperger’s Syndrome. Criminal Law & Justice Weekly, 2016, 180(35), 632-634.

Marchant, R., & Cooper, P. (2016). ABE interviews; the importance of recording what happens off camera: Re E. Family Law, 2016, 46(August), 971-975.

Cooper, P. (2016). Like ducks to water? Intermediaries for vulnerable witnesses and parties, Family Law, 2016, 46(March), 374-378.

Ruck Keene, Alex, Cooper, P., & Hogg, C. (2016). “Special Measures” in the Court of Protection. Elder Law Journal, 2016, 6(1), 62-66.

Cooper, P., Grace, J., (2015). Vulnerable Patients Going to Court: A Psychiatrist’s Guide to Special Measures. BJPsych, 2016 August; 40(4): 220–222.

Cooper, P. (2015). Children & Vulnerable Witnesses: Final report signals the beginning of changes, Family Law, 2015, 45(May), 562-564.

Cooper, P. (2015). Clear Direction, Cross-examination of the vulnerable witness in R v FA: The Court of Appeal takes the ground rules approach. Counsel, June, 26-28.

Cooper, P. (2015). Have you seen the view? Toolkit 13 vulnerable witnesses and parties in the family courts. Family Law, 45 (March), 308-311.

Cooper, P. (2014). Ticketing talk gets serious. Counsel, November, 12-13.

Cooper, P. (2014). Bowler as well as umpire. Counsel, June, 10-12.

Cooper, P. (2014). Lacking empathy: Asperger Syndrome and the criminal justice system. The Writ: The Journal of the Law Society of Northern Ireland, (220), 4-7.

Cooper, P. (2014). Questioning vulnerable witnesses: why the Advocate’s Gateway is essential.  The Writ: The Journal of the Law Society of Northern Ireland, (219), 14-15.

Cooper, P. (2014). Remote control – Is virtual witness testimony legal fact or largely fiction? New Law Journal, 164(7589), 8.

Cooper, P. (2013). Face value: seeing and believing? Counsel, November, 26-28.

Cooper, P. (2013). The Family Advocate’s Gateway to best practice for vulnerable witnesses. Family Law, 43, 1463.

Wurtzel, D. & Cooper, P. (2013). Making it meaningful – how to ensure the effective participation of vulnerable defendants in a trial. Counsel, August, 23-25.

Cooper, P. (2013). Questioning vulnerable witnesses: why The Advocate’s Gateway is essential. The Writ: The Journal of the Law Society of Northern Ireland, (219), 14-15.

Cooper, P. (2013). Re-writing the Victims’ Code, Counsel, May, 17-18.

Cooper, P. (2013). Witness competency hearings – a test of competence. Criminal Bar Quarterly, 2013(2), 5-6.

Cooper, P. (2013). The umbrella condition: the legal issues for suspects and defendants with Asperger Syndrome. Criminal Bar Quarterly, 2013(1), 8-10.

Cooper, P. (2012). Experts in the family courts: are they worth it? Family Law, 42(Feb), 196-197.

Cooper, P. (2012). Intermediaries and vulnerable witnesses in family courts: what do we do now? Family Law, 42(Jul), 868-870.

Cooper, P. (2012). Witness familiarisation and special measures come of age. Solicitors Journal, 156(25), 10-11.

Cooper, P. (2011). Barren lands? Counsel, June, 26-28.

Cooper, P. (2011). Call yourself an expert? New Law Journal, 161(7466), 707-708.

Cooper, P. (2011). Child witnesses in family proceedings: should intermediaries be showing us the way? Family Law, 41, 397-403.

Cooper, P. (2011). Get set and go: The Midlands Circuit three-month rule for expert witnesses, Family Law, 41, 520-521.

Cooper, P. (2011). Jones v Kaney: a curse on family court experts? Family Law, 41, 642-644.

Cooper, P. (2011). Jones v Kaney: will it prove to be a curse on some expert witnesses? The Expert Witness Institute Newsletter, 11-14.

Cooper, P. (2011). New achieving best evidence guidance, Family Law, (Aug), 41, pp. 871-873.

Cooper, P. (2010). ‘Mind Games – what are the advocate’s emotional drivers when conducting a cross-examination’, Counsel, December, 29-30.

Cooper, P. (2007). ‘Transparency in the family courts – what it could mean for experts’. EWI Newsletter, Volume 11, 3-5.

Cooper, P. (2006). Different court, different rules. New Law Journal, 156(7213). 310-311.

Cooper, P. (2005). Witness preparation: play it safe. New Law Journal, November,1753 – 1754.

Cooper, P. (2004). Witness Preparation from red to green. Counsel, November, 8 -9.

Cooper, P. (2003). A new protocol for care cases, Link AWS, 2003/04, 12, 25-32.

Cooper, P. (2003). Probing your expert. New Law Journal, 153(7083), 857-858.

Cooper, P. (2001). Successful use of expert witnesses in civil cases. New Law Journal, November, 1650 – 1652.

Publications
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