HC Deb 15 September 2003 vol 410 c499W
Mrs. Curtis-Thomas

To ask the Solicitor-General what definition is used of a vulnerable adult as it relates to the admissibility of video recorded statements as evidence in chief in Crown Court proceedings. [128726]

The Solicitor-General

Chapter 1 of the Youth Justice and Criminal Evidence Act 1999 provides for a witness to be eligible as a vulnerable adult for assistance by the use of video recorded evidence if the court considers that the quality of the evidence given by the witness is likely to be diminished by reason of any of the following circumstances(i)the witness suffers from a mental disorder within the meaning of the Mental Health Act 1983; or (ii)otherwise has a significant impairment of intelligence and social functioning; or (iii)that the witness has a physical disability or is suffering from a physical disorder. The court will consider any views expressed by the witness pursuant to section 16 (4) of the Act.

Once a witness is deemed eligible, then in relation to adult vulnerable witnesses, the court needs to be satisfied that the video will maximise the quality of their evidence.