Vulnerable Witnesses (Hansard, 23 January 2002)

§ Lord Rooker

TheSpeaking up for Justice report on vulnerable or intimidated witnesses in the criminal justice system published in 1998 proposed a range of special measures available for use at the trial including: video-recorded statements to replace the evidence-in-chief; video-recorded pre-trial cross-examination; live TV links; screens around the witnesses box so that the witness does not need to face the defendant in court; removal of wigs and gowns; assistance with communication if necessary, including the use of an intermediary; and power for the judge to clear the public gallery in cases involving sexual offences or intimidation so the witness can give evidence in private.

The measures requiring legislation were included in Part II of the Youth Justice and Criminal Evidence Act 1999.

Implementation of the special measures will be phased as we have an opportunity to see how they are working.

The implementation in the Crown Court will take place six months from today to allow a lead-in for the agencies to conduct training and preparation. All the special measures will be implemented for vulnerable witnesses, with the exception of intermediaries and pretrial cross-examination, which will be subject to pilot projects. The same measures, with the added exception of video-recorded statements, will be implemented at the same time for intimidated witnesses.

All other measures will be introduced in 2003–04 for all qualifying witnesses.

In magistrates' courts implementation of special measures in July 2002 will be restricted to TV links and video recorded evidence for child witnesses in cases involving sexual offences, violence (including threats) and cruelty. This would provide protection for children in cases involving assaults, muggings and domestic violence. It would also bring the adult magistrates' courts into line with the current provision in the youth court.

Most of the measures will be extended to magistrates' courts by 2003–04 (after their evaluation in the Crown Court) to bring them in line with the Crown Court.

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A whole range of guidance and training materials for the criminal justice agencies are being published tomorrow including:

Recognising Capability: a training programme for those in the criminal justice system working with vulnerable or intimidated witnesses;

Achieving Best Evidence in Criminal Proceedings: guidance on vulnerable or intimidated witnesses, including children;

Vulnerable Witnesses: A Police Service Guide;

adult pre-trial therapy;

early special measures meeting between the police and Crown Prosecution Service and meetings between the Crown Prosecution Service and vulnerable and intimidated witnesses: practice;

Copies of these publications will be placed in the Library.

Over the next couple of years we will also be starting pilot projects on video-recorded pre-trial cross-examination and the use of intermediaries.