MiDavies – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by MiDavies on 2016-03-17.

To ask the Secretary of State for Justice, how his Department defines a vulnerable and intimidated witness; and what processes are in place to support such witnesses when giving evidence.

Mike Penning

Vulnerable witnesses are defined under section 16 of the Youth Justice and Criminal Evidence Act 1999 as all child witnesses (under 18 years), or 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, or a physical disability or disorder.

Under section 17 of the 1999 Act, a witness is considered ‘intimidated’ if they are giving evidence in a case involving a sexual, knife or gun, human trafficking or modern slavery offence, or if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.

Vulnerable and intimidated witnesses are eligible for special measures to support them to give their evidence. Measures include the use of intermediaries to help communication, allowing witnesses to give evidence by way of pre-recorded video and /or live video links from outside the courtroom, screening the witness from the accused, removing people from the public gallery whilst the witness gives evidence and the removal of gowns and wigs.

The full list of special measures available can be found in sections 23 to 30 of the Youth Justice and Criminal Evidence Act 1999:

http://www.legislation.gov.uk/ukpga/1999/23/part/II/chapter/I/crossheading/special-measures

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