VULNERABLE AND INTIMIDATED WITNESS PROGRAMMES
The Youth Justice and Criminal Evidence Act 1999 was brought in to help vulnerable and intimidated witnesses to give their evidence in court. As we know, giving evidence in a trial can be quite intimidating and unnerving, especially so for the vulnerable. It is with this in mind that the legislation pays attention to helping the more vulnerable section of our community, when they are called upon to be a witness.
There are three main areas which should be taken into account by individuals when undertaking the task of obtaining best evidence:
Recognition
Firstly, there is the need for all front line staff to be able to recognise when they are dealing with a vulnerable or intimidated witness, at the point of contact.
Obtaining Evidence from the Witness
Once a vulnerable or intimidated witness has been identified, it may be appropriate to obtain their evidence by way of a recorded interview, video or audio system.
Special Measures available to the witness when giving evidence at trial. Finally, it may be possible to get the courts to grant additional measures to support the witness when they give evidence at court, whether or not they have provided a recorded interview.
Points for consideration
- The eligibility of the witness for special measures
- The basis for that eligibility
- Whether an expert witness should be required at court in support
- Which special measures will be required to assist the witness
- Views of the witness as to which special measures should be applied for
- The form in which the statement of the witness should be taken
The ability to recognise a potential vulnerable or intimidated witness can at best be a guess by the person making first contact.
In order to be ready for every eventuality investigating officers should take advantage of professional training modules designed to make them aware of their legal/moral responsibilities.
For further information please contact us direct on:
01926 885336 or 07786 731459 (Mobile)
or via e-mail: info@antifraudconsultants.co.uk
