Vulnerable Witnesses
by Vulnerable witnesses are those witnesses, who face difficulties in appearing in court because of their age, learning difficulties, mental impairment, physical disabilities or the nature of the offence against them such as child abuse, rape and domestic violence.
Section 28 permits the use of video recordings for cross-examinations and re-examinations, in this case the witness has not to attend the court at all even in final stages. It has the same advantages as section 27 and even more for the vulnerable witness, however its effects on the defendant are also heavier and it may prevent him from his rights for a fair trial.
An intermediary is a person who explains the questions for a vulnerable witness and explains his answers to the court and the other side. Using such a person is allowed according to section 29 of the Act and he is helpful for children who may not understand the terminology of the court as well as individuals with learning difficulties and mental impairments. However the credibility of such a person is subject of question and mistrust from the defendant’s side.
Some vulnerable witnesses cannot communicate or their communication may not be on the accurate standard, either because of their age or any physical or mental disabilities. Section 30 of the act provides them with a right to bring communication aids such as maps, toys, dolls and special computer software in order to assist them in communication. Dennis explains this section by saying:
A special modified computer to provide a witness with an artificial voice, where the witness has lost the power of speech, would be an example. It is most unlikely that the use of such devices will present any Article 6 problems.
The Youth Justice and Criminal Evidence Act 1999 introduces many vital reforms for criminal justice system in relation to vulnerable witnesses. It is clear that the measures stated by this Act have great effect on improving the vulnerable witnesses’ testimony. However the defendant’s right for a fair trial should not be neglected because applying the sections of this act without special care may cause many miscarriages of justice for the defendants. It can be argued that many sections of the Act may need more interpretation in order to apply justice to all. As misuse and abuse of justice may happen if the sections of the Act are applied without further caution, especially when it relates to the rights of the accused for a fair trial and fair defence.
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