Identifying Vulnerable Witnesses

Question 1

What is the definition of a vulnerable witness?

Answer 1

a witness who is eligible for special measures, on the grounds of age or incapacity (s.16 YJCEA 1999).

Question 2

Who should be proactive in identifying the need for an assessment of potential vulnerability?

Answer 2

advocates and judges.

Question 3

Is a person is vulnerable will they be competent to give evidence?

Answer 3

yes, being vulnerable does not make a person incompetent to give evidence.

Question 4

What are risk factors that a person might be vulnerable in court?

Answer 4

1. being a victim of domestic, racial, financial or sexual abuse
2. being a victim of trafficking, hate crime or discrimination
3. being a victim of exploitation
4. a lack of fluency in the English language
5. being unable to read or to write very well.

Question 5

What are all children deemed?

Answer 5

vulnerable.

Question 6

What information should be shared if there is a vulnerable witness or defendant?

Answer 6

agencies such as the CPS and Witness Care Unit should have shared all necessary information about the vulnerability of the witness or party.