Victims and Victims and Witnesses
Easing Communication for Vulnerable Witnesses
The first pilot to help vulnerable witnesses of crime with communication difficulties give evidence is currently on trial in Merseyside. The scheme is also due to be piloted in South Wales, Norfolk, Devon and Cornwall, Thames Valley and West Midlands before being implemented on a national scale if successful. The pilots will run until summer 2005 when recommendations will be made for further implementation.
The scheme provides a communication expert, such as a speech and language therapist, to act as an intermediary to help a witness with communication difficulties. Through this additional support the witness will understand questions asked of them, and able them to give their answers in a way that can be understood by the police, judge, legal representatives and the jury. A register of 45 intermediaries has been established.
Examination of a witness through an intermediary is one of the range of special measures provisions contained in the Youth Justice and Criminal Evidence Act 1999. Vulnerable witnesses with communication difficulties who could benefit from the assistance of an intermediary include
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young children
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people with learning disabilities
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people who have communication difficulties arising from a physical disability or disorder, for example as the result of a stroke or an accident.
This provision is available only to witnesses who meet the definition of vulnerability contained in section 16 of the Act. A witness meets this definition if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any of the following circumstances:
or if the witness-
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suffers from mental disorder within the meaning of the Mental Health Act 1983; or
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otherwise has a significant impairment of intelligence and social functioning (learning disability); or
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has a physical disability or is suffering from a physical disorder; or
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is under the age of 17 at the time of hearing.
Witnesses are key to the success of the criminal justice system and bringing more criminals to justice. Witnesses need to feel confident and reassured about giving evidence. Vulnerable witnesses in particular must receive the help and support they need.
After Merseyside, the scheme will be piloted in a further 5 criminal justice areas before being rolled out on a national scale. The aim of the pilots is to test out procedures and structures in order to create a robust model for national roll-out.
Courts can be daunting places at the best of times, and witnesses can feel uneasy and vulnerable when giving evidence. By giving witnesses the confidence and support they need during court appearances, vital evidence is not lost due to communication difficulties. The intermediary scheme will help to meet the needs of the most vulnerable victims and witnesses.
The use of an intermediary would be the appropriate special measure, to maximise the quality of evidence given by the witness - considering all circumstances of the case. Included in these measures would be any views expressed by the witness or other parties as to whether the measure or measures might tend to inhibit the effective testing of the evidence.
Date modified: 24 February 2004
Review date: February 2005
Originator: Crime Reduction Centre Information Services
Last update: 24/02/04