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Criminal Justice System

Key findings from the Vulnerable Witness Survey

Measures to improve the treatment of vulnerable and intimidated witnesses and enable them to give best evidence were included in the Youth Justice and Criminal Evidence Act 1999. The purpose of this survey was to provide a baseline measure of satisfaction levels found among vulnerable or intimidated witnesses before these special measures were implemented. It also examined the kind of support these witnesses currently receive and witnesses’ attitudes to special measures.

Key points

  • 64% of vulnerable or intimidated witnesses were very, or fairly, satisfied with their overall treatment within the Criminal Justice System.

  • 30% of witnesses aged under 17 years said their statements were video-recorded and most found this helpful.

  • 20% of witnesses said they were offered an escort either to or from the court.

  • 43% of witnesses under 17 who gave evidence said they were offered use of a live video link.

  • Only 3% reported screens were used in court, but 58% thought they would have been helpful.

  • Only 12% said they had been consulted about the use of special measures currently available.

‘Speaking up for justice’ made 78 recommendations to improve the treatment of vulnerable and intimidated witnesses within the Criminal Justice System (CJS) and enable them to give best evidence. Measures requiring legislation were included in the Youth Justice and Criminal Evidence Act 1999. Other measures required administrative action and training. The 1999 Act defines vulnerable witnesses as:

  • all witnesses aged under 17 years

  • witnesses with a physical disability

  • witnesses with a learning disability or mental disorder

  • witnesses likely to suffer particular distress (including victims of sexual offences and witnesses who fear or suffer intimidation).

The survey methodology used was similar to that in the national Witness Satisfaction Survey 2000 (WSS) which covered all witnesses.

Conclusion

Vulnerable witnesses were less satisfied with their treatment than witnesses generally. 64% of vulnerable witnesses were satisfied, compared to 76% in the WSS 2000. In fact, the gap between vulnerable and other witnesses is probably greater than this suggests, as the WSS also included some vulnerable witnesses. Obviously efforts to increase witness satisfaction generally may help improve that of vulnerable witnesses, but this survey reinforces the need for special efforts in dealing with vulnerable and intimidated witnesses. Although some measures are already available for particular groups or at the discretion of the court, the survey suggests that use of these measures was generally low, although some were used much more than others. In addition, only 12% said they were consulted about the use of special measures. Given the positive views of many witnesses about the value of the various special measures, it would be expected that widespread implementation will raise satisfaction levels.

Getting a Copy

Key findings from the Vulnerable Witness Survey - Home Office Research Findings No. 147 PDF 71Kb

Last update: Monday, September 25, 2006