Amanda Naylor
VS Children &
Young People Lead
AIMS
To examine:
• Recent cases & on-going poor experiences that CYP
have in CJS
• Policy initiatives/best practice examples (young witness
services, special measures, and other support
systems)
• Specific role of the Intermediary and impact on CYP
• How all professionals can play a key role in supporting
young witnesses both in preparation and post trial.
WHO IS VICTIM
SUPPORT?
Key agency that provides support at all ends of the
Criminal Justice System
Services include:
• Core victim and witness support services
• IDVA and ISVA teams
• Specialist children’s sexual exploitation services
• Specialist Young Witness Services
WHY YOUNG PEOPLE
NEED ADDITIONAL
SUPPORT
“Young victims and witnesses are amongst some of the
most vulnerable users of the Criminal Justice Service. If
victim and witness care is to be targeted at those with the
greatest need this will almost always include young
people.”
Joint Inspection Report on the Experience of Young Victims and
Witnesses in the Criminal Justice System, Feb 2012, HMCPSI,
HMIC.
WHO ELSE MAY BE INVOLVED WITH
A WITNESS :
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Family
Police officer in Case
Social Worker
Witness Care Unit
Witness Service
Young Witness Service
Intermediary
Prosecution Barrister
IDVA/ ISVA
Specialist Organisation (Rape Crisis etc)
Health Professionals
Judge
Usher
BALANCING THE CJS AND
YOUNG WITNESS NEEDS
CJS
YW
6
SAFEGUARDING V
JUSTICE?
Victims and witnesses, particularly those who are young and
vulnerable:
‘continue to be adversely affected by an absence of real
focus on their needs… the CJS system itself appears to be
unable to maintain a consistent and acceptable level of care
as cases pass through it’
(HM CPS Inspectorate and HM Inspectorate of
Constabulary, Joint inspection report on the experience of
young victims and witnesses in the CJS).
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WHAT CHILDREN
TELL US:
• Everyone was making decisions about what I needed – I
didn’t know really what was going on. Everyone said what I
needed no-one asked me what I wanted
• Being a witness re-traumatises and sometimes “feels worse
than the abuse itself”
• I didn’t understand any of the questions – it was like he was
speaking another language
• Everyone was happy that he was found guilty – I felt sad and
lonely I just wanted it to stop.
• After the trial everyone just disappeared – job done and I had
to cope with what everyone had said about me and knew
about me.
Research Findings:
 50% of young people do not understand some of the
questions they are asked at court
 65% experienced problems with comprehension or
complexity of questions
 More than 50% of these young people did not tell the
court of their difficulties
 More than 50% of young people report they were
accused of lying
 66% of young witnesses who gave evidenced were
accompanied in the TV link room by a person they had
not previously met
 50% of young witnesses had a PTV, most did not have
an opportunity to practice using the live link
WHAT YOUNG
WITNESSES WANT….
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to be taken seriously and told the truth
to be told things that might go wrong at court
to be able to trust the adult they spoke to
to know the limits of confidentiality agreement
to have a pre-trial visit before the day of court
to be listened to on a one-to-one basis
someone to answer questions and provide information
the adult/professional to be available to them
a non-judgemental and non-directive approach
Plotnikoff and Woolfson (2004) In their own words. NSPCC
HOW CAN YOUNG
WITNESSES BE BEST
SUPPORTED?
Resilience
Levels
Risk
factors
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•
Protective
factors
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Aim to reduce Risk
factors
Increase Protective
factors
Increase Resilience
levels
UNDERSTANDING
SPECIAL MEASURES
http://www.youandco.org.uk/courtroom
AGREED MEASURES
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VRI as evidence in chief
No watching of VRI at court
Registered intermediary
Pre-recorded cross-examination
No wigs and gowns
Judge and counsel to meet witness
Questions pre-submitted
Topic cards for questions
Face to face cross-examination
Afternoon hearing
Defendant not to see plasma screen
INTERMEDIARIES
“... as a result, a number of defendants have been prosecuted to
conviction for committing very serious offences. The use of
intermediaries has introduced fresh insights into the criminal justice
process … They are independent and neutral. They are properly
registered. Their responsibility is to the court. And they are used at
much earlier stages in the process, to flag up potential difficulties in
advance of the trial. … their use is a step which improved the
administration of justice and it has done so without a diminution in
the entitlement of the defendant to a fair trial. …. the use of
intermediaries has meant that a number of those who are among the
most vulnerable in the community may now be heard when before
they would have been forced to remain silence.“
Rt Hon the Lord Judge, Lord Chief Justice 7.9.11
ENTITLEMENT TO A
REGISTERED INTERMEDIARY
Vulnerable witnesses (both prosecution and defence) under
s16 of the 1999 Act
 Under 18 years of age; or where
 Quality of evidence may be affected by: mental disorder
or impairment of intelligence and social functioning
or physical disability/disorder.
CPS GUIDANCE
Special measures: Intermediaries should be considered
in all cases of child sexual abuse, not just those involving
very young witnesses, and if not involved earlier in the
case, they should still be actively considered in advance
of the trial as a means of supporting the victim giving
evidence in court. Children and young people do not
approach communication in the same way as adults and
ability across all age ranges can vary considerably
Para 85 CPS Guidelines on Prosecuting Cases of
Child Sexual Abuse, Oct 13.
JOINT INSPECTION
REPORT DEC 2014
• No RIs were used in the 69 interviews, including 4 interviews
of children under the age of 6.
• RIs were not always sought because of “a tendency by some
interviewers and their managers to over-estimate their own
skill levels and/or underestimate the communication needs of
vulnerable witnesses”.
• At court, RIs were not used as much as expected where the
issue was simply age of the child.
• One court has made it clear they expect an RI assessment
will be carried out on all children under twelve and that it
should be mandatory for under nines.
RECOMMENDATIONS
• Recommendation 4: Police forces should ensure
intermediaries are considered and used where
appropriate; and the rationale and decision for their use
.
or not are recorded
• Recommendation 5: The CPS should ensure
intermediaries are considered for use at court in every
case involving a child witness and a written record is
maintained of the decision, particularly of the rationale
where an intermediary is not used.
Achieving best evidence in child sexual abuse cases – a
joint inspection, HMCPSI, HMIC, December 2014
FINDING OUT MORE?
www.theadvocatesgateway.org
What goes
wrong for CYP
What is in
place to ensure
things improve
What can you
do to better
support young
witnesses
WHEN THINGS GO WRONG
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No advanced referrals
No pre-trial therapy offered
No Ground rules hearings
No intermediaries
Poor timetabling (double/triple listings/ floating trials)
Special Measures not in place/ wrong special measures in
place
Unacceptable length of time in cross examination
Aggressive cross examination/ multiple cross examination
Media involvement
No post trial support
No co-ordination between agencies
WHAT SHOULD IMPROVE THE
EXPERIENCE FOR YOUNG
VICTIMS/ WITNESSES IN CJS?
Significant Progress across all agencies in working
together to address gaps leading to:
• Better understanding of the issues (OCC, SVACV)
• Better identification of children and young people being
sexually exploited (ACPO, Working Together, MASH)
• More cases coming to court (CPS)
• Wider range of Special Measures – better application
• Training for key members of Judiciary, Prosecution
(Advocates Gateway, Equal Treatment Bench book)
• Clear information on entitlements (Victims Code, Witness
Charter)
TAILORING
SUPPORT
• Talk to the young person about special measures
available and help them make informed decisions don’t assume
• Risk, protective and resilience factors may fluctuate
during criminal proceedings – re-assess needs
• Ask person about condition, triggers, coping
strategies and support needs
• Prepare and plan together for possible reactions
Remember
It is important that you tell the truth at court
If you cannot remember - say you cannot remember
If you need to – say you want to hear a question again
If someone says something not true - say it is not true
EXAMPLES OF ‘GROUND RULES’
WORKING WITH OTHER AGENCIES
Key Multi Agency Processes:
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Avoid duplication and ownership (my witness)
Professional Respect
Information Sharing
Skill Matching – right person provides the support
Joint Planning
Advocacy
Little things matter
LEGISLATION, STANDARDS &
GUIDANCE – FURTHER READING
• Youth Justice & Criminal Evidence Act 1999
Introduction of Special Measures
• Achieving Best Evidence in Criminal Proceedings 2011
National Standards for Child Witness Preparation
• Young Witness Handbook 1998/Young Witness Pack
• Registered Intermediary Procedural Guidance Manual 2012
• Victims Code/Witness Charter
• Equal Treatment Benchbook 2013
• Advocates Gateway
• CPS ACPO Guidance 2013 (CSE)
• Joint Inspection Report Achieving best Evidence in CSA
cases 2014
• Criminal Practice Directions 2015
Amanda Naylor
youandco@victimsupport.org.uk
http://www.youandco.org.uk