Victims and Witnesses
Key findings from the Surveys of Vulnerable and Intimidated Witnesses 2000/01 and 2003
A key aim of the Youth Justice and Criminal Evidence Act 1999 was to improve the treatment of vulnerable and intimidated witnesses (VIWs) in England and Wales. The Act contained a range of 'special measures' and most were implemented in the Crown Court in July 2002. To assess the impact of these changes, surveys of VIWs were conducted before (phase 1) and after (phase 2) the date of implementation. This Home Office report looks at the reaction of these witnesses to the measures, and their satisfaction with the criminal justice system.
Title: Key findings from the Surveys of Vulnerable and Intimidated Witnesses 2000/01 and 2003
Author: Research Development and Statistics Directorate
Series: Findings 240
Date published: June 2004
Number of pages: 4
Key points
VIWs who used special measures were less likely than those not using such measures to feel anxious or distressed overall. A third of VIWs who used special measures said they would not have been willing and able to give evidence without the availability of these measures.
The vast majority of VIWs who used special measures found them helpful. The value of these measures is further demonstrated by the extensive level of demand for them among those witnesses not given access to them.
VIWs who used special measures were significantly more likely to express overall satisfaction with the criminal justice system.
Although VIWs were found to be less satisfied with their overall experience of the criminal justice system than victims and witnesses generally, there was an improvement in satisfaction between phases 1 and 2 of the survey for some groups. However, there was a statistically significant fall in the proportion satisfied with the defence lawyer (from 45% to 34%).
The most important predictors of satisfaction among vulnerable and intimidated witnesses were: satisfactory treatment by the police and, in court, by defence lawyers; the feeling that they had been able to give their evidence accurately; and lower levels of anxiety or distress .
Speaking up for Justice Report
The report Speaking up for Justice made 78 recommendations to improve the treatment of VIWs within the criminal justice system and enable them to give 'best evidence' (ie. complete, coherent and accurate evidence ). Special measures requiring legislation were included in the Youth Justice and Criminal Evidence Act 1999. These were:
screens, video-recorded evidence
live television link
clearing the public gallery of the court
removal of wigs and gowns in court
allowing witnesses to use communication aids
video-recorded pre-trial cross- and re-examination and the use of intermediaries.
Other forms of assistance required administrative action and training (i.e., pre-court familiarisation visits, presence of a supporter in court, escorts to and from court, liaison officers , separate waiting areas and use of pagers).
Use of special measures
The phase 2 survey was conducted after many special measures had been implemented, whereas when the phase 1 survey took place only a limited number of such measures were in place for certain groups. The results from the 2 surveys show an increase in the proportion of witnesses using special measures.
Special Measures
The categories of persons eligible for special measures are :
children under 17 years
witnesses with a physical disability or physical disorder
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.
Conclusions
The phase 1 and 2 surveys demonstrated that efforts to improve the treatment of VIWs have enhanced satisfaction ratings for some groups.
The increase in overall satisfaction from 64% to 69% is statistically significant at the 10% level and it is one of a number of indicators which suggest improved satisfaction among VIWs.
The survey results suggest that while satisfaction has improved in a number of areas, there is still some way to go before the needs of VIWs are fully met. For example, although reduced, anxiety levels among VIWs are still high and there is still a fairly wide gap between their satisfaction ratings and those of witnesses in general.
Given the positive views of VIWs about the value of the various special measures, it would be expected that widespread implementation – alongside other initiatives to increase witness satisfaction generally – will raise satisfaction levels further. The surveys have provided important evidence that the special measures are working, which should help with the provision of an even better service in the future .
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Last update: Wednesday, September 17, 2008