§ Mr. BeithTo ask the Secretary of State for the Home Department what plans he has to issue guidance to the police, Crown Prosecution Service and other relevant professional groups on dealing with cases of alleged crimes against people with learning difficulties; and if he will make a statement. [13736]
§ Mr. Michael[holding answer 5 November 1997]The Government are concerned about the plight of vulnerable witnesses, including those with learning difficulties, and believe that more needs to be done.
That is why on 13 June I announced an urgent, wide-ranging review of the way in which vulnerable or intimidated witnesses are treated by the criminal justice system with the aim of identifying measures to protect those likely to be subject to intimidation and to assist them and other adult vulnerable witnesses give their best evidence in court. This is being taken forward by an interdepartmental working group which includes representatives from the Association of Chief Police Officers and the Crown Prosecution Service. The review will include consideration of the need to issue guidance to the police and others involved in the criminal justice system who may deal with cases of alleged crime against people with learning difficulties.
Work undertaken by the Crown Prosecution Service, headed by the Director of Public Prosecutions and under the superintendence of the Attorney-General, with the police has considered ways to improve information which assists with the early identification of vulnerable witnesses or victims or those who may have special requirements.
A new edition of the Manual of Guidance for the preparation of police files was published in October 1997. It advises officers on the information they should report to prosecutors concerning the special needs of certain witnesses and the additional measures required when they attend court.
Previous guidance relating to mentally vulnerable witnesses issued to Crown Prosecution Service staff in January 1995 draws attention to the fact that victims are often selected by offenders because of their vulnerability. This would be a public interest factor in favour of prosecution. The guidance also warns against assumptions being made about the capabilities of mentally vulnerable witnesses and their ability to give a reliable and complete account of events and urges decisions to be based on the known abilities of individuals.