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Date: November 22, 2024 Fri
Time: 11:57 am
Time: 11:57 am
Results for witnesses (u.k.)
1 results foundAuthor: Charles, Corrine Title: Special Measures for Vulnerable and Intimidated Witnesses: Research Exploring the Decisions and Actions Taken by Prosecutors in a Sample of CPS Case Files Summary: Victims and witnesses play a central role in the prosecution process. The CPS relies on the evidence of victims and witnesses to deliver successful prosecutions and ensure justice is done. Some victims and witnesses may have particular difficulties attending court and giving evidence due to their age, personal circumstances, fear of intimidation or because of their particular needs. This was recognised in the Youth Justice and Criminal Evidence Act 1999 (‘YJCEA 1999’), which provides a range of special measures which the court can direct in order to assist ‘vulnerable and intimidated’ witnesses to give their best evidence in court. The measures include: § Giving evidence behind a screen positioned around the witness box; § Giving evidence by a live TV link from a room outside the courtroom; § Giving evidence in private by clearing the courtroom of members of the public; § Removal of wigs and gowns by judges and lawyers; § Use of video-recorded interviews as evidence in chief; § Examination of the witness through a Registered Intermediary; and § The provision of aids to communication such as through a computer or other device to communicate when giving evidence. Vulnerable witnesses are defined by the YJCEA 1999 as all child witnesses (under 18) and any witness whose quality of evidence is likely to be diminished because they are suffering from a mental disorder (as defined by the Mental Health Act 1983); have a significant impairment of intelligence and social functioning (including learning disability); or have a physical disability or disorder. Intimidated witnesses are defined as those suffering from fear or distress in relation to testifying in the case. Although a vulnerable or intimidated witness might be eligible for special measures, the measures will not automatically be available at the trial. An application for special measures must be made to the court by a prosecutor, on behalf of the witness, and must be made within set time limitations. While a number of positive impacts for vulnerable and intimidated witnesses have been demonstrated since the introduction of special measures, the research evidence also highlights a number of areas where special measures do not work as well as they might. Recurrent themes that are pertinent to the role of the prosecutor in seeking special measures include: § Vulnerable and intimidated witnesses are not always identified at the earliest opportunity; § Victim and witness needs are not always considered by the CPS at the charging stage; § Where a vulnerable or intimidated witness has been identified in a case, the police and the CPS rarely hold an ‘early special measures discussion’ to assist case progression; § Prosecutors infrequently hold ‘special measures meetings’ with vulnerable or intimidated witnesses to discuss matters; and § Applications for special measures are often made late. Evidently, there are some concerns regarding the effective use of special measures. In this context, the present research was commissioned to provide further insight into a number of these issues; focusing in particular on areas where the CPS has a direct role and responsibility. The research aimed to identify aspects for improvement or greater effectiveness for prosecutors in relation to their role in the special measures process. It focused on three areas of concern: § Identification of the need for special measures; § Communication with the police and with witnesses regarding special measures; and § The timeliness of special measures applications. The research also looked at the quality of special measures applications and whether the measure(s) sought were appropriate to the needs of witnesses. The outcomes of applications were also considered to understand the reasons why any had not been granted by the court. Details: London: Crown Prosecution Services, 2012. 90p. Source: Internet Resource: Accessed September 12, 2012 at: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Year: 2012 Country: United Kingdom URL: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Shelf Number: 126303 Keywords: CourtsProsecutorsVictims of CrimesWitness IntimidationWitnesses (U.K.) |