The Principle of Orality in County and Family Courts

The principle of orality is a key feature of adversarial legal systems. It safeguards the right of the parties to present their case in court and for court hearings to be heard in public, underpinning thus transparency and procedural justice. The implementation of the principle of orality in legal proceedings has, however, been challenged in legal research and practice. The chapter draws on linguistic frameworks to explore the principle of orality from the theoretical perspective and question its implementation in county and family courts across England and Wales. Focusing on these high-volume proceedings, the analysis expands on the conceptualisation of the principle of orality, presents a novel methodological approach to exploring orality in legal practice, and identifies court procedures that support and those that impede on the effective implementation of the principle of orality. To address issues with reduced orality and its patchy implementation, the chapter argues for the need to uphold the quality assurance of the investigative and evidentiary process, support court users through guided elicitation, and provide scope for procedural flexibility.