3 - Participation and Voice

Summary

Chapter 3 is the first of four chapters drawing on the original empirical data. It interrogates the issue of participation in CoP proceedings to argue that the CoP has failed to facilitate participation of the subject of proceedings, thereby undermining procedural justice and access to justice. Despite the rhetorical value placed on participation, the chapter shows that participation in CoP proceedings has not yet effectively been secured. An important distinction is drawn between direct and indirect participation, which is then used throughout the book to make a number of further arguments for reimagining the CoP. In addition, the chapter shows that the subject of CoP proceedings still rarely directly participates in them, despite some attempts at improvements. The chapter argues that direct participation is the ideal approach to ensure that procedural justice is secured, also briefly considering the ways that direct participation might be achieved in other types of case that do not reach a hearing. The second section of the chapter explores the reasons for limited participation, rejecting each of them as a sufficient justification for the current failure to secure participation. Finally, the chapter concludes with a number of recommendations for improving participation.