THE CPS ROLE IN HANDLING VULNERABLE WITNESSES
1. INTRODUCTION
1.1 The CPS role in handling vulnerable
witnesses is closely linked to its wider interagency role in developing
initiatives in partnership with other key members of the criminal
justice system. This reflects the general "joined up"
approach of the Government to the development of criminal justice
strategy.
1.2 A variety of measures which assist vulnerable
witnesses at various stages of the criminal justice process are
already in place. Many of the measures have been developed using
the multi agency approach, and the CPS has participated actively
in a range of initiatives designed to improve access to justice
for certain types of witness eg children; or to provide better
treatment or facilities for certain vulnerable witnesses who come
into contact with the criminal justice system.
1.3 "Speaking up for Justice",
the report of the interdepartmental working group on the treatment
of vulnerable or intimidated witnesses in the criminal justice
system, made 72 recommendations aimed at improving access to justice
for vulnerable or intimidated witnesses, including children. Part
II of the Youth Justice and Criminal Evidence Act 1999 contains
the legislative framework for implementing those measures requiring
legislation; equally important is the range of non legislative
measures which are being developed under the umbrella of the interagency
steering group, and which will be a key element of the successful
implementation of all the measures recommended by Speaking up
for Justice.
2. CURRENT INITIATIVES
FOR VULNERABLE
WITNESSES, INCLUDING
CHILD WITNESSES
2.1 Good practice and guidance designed
to help vulnerable witnesses include:
— the development and implementation
of The Statement of National Standards of Witness Care in the
Criminal Justice System, which aims to provide a co-ordinated
service to witnesses, shared by all agencies in the criminal justice
system. Developed by the Trials Issues Group (TIG), the National
Standards are intended to be taken forward locally through service
level agreements.
— TIG Agreement on Arrangements for
the Attendance of Interpreters in Investigations and Proceedings
within the Criminal Justice System. The aim of the Agreement is
to provide a standardised procedure for arranging interpreters
who meet a minimum standard of proven experience of interpreting
within the criminal justice system.
2.2 There are a number of initiatives in
place to deal specifically with issues arising in child cases.
These include:
— Criminal Justice Consultative Council
(CJCC) national monitoring of processing periods in child cases.
— PDH pre-trial checklist for children's
cases—developed by LCD (with CPS input) for use at pretrial
hearings, intended to secure early attention to children's needs
during the trial process and to deal with issues in advance of
the trial with the aim of minimising delay and confusion.
— CPS agreed Bar Standard on Returned
Briefs, which recognises the special importance of continuity
of counsel in child cases.
— Already well established, the Young
Witness Pack provides a range of materials to assist in preparing
the child witness for giving evidence by explaining the court
process in language appropriate to the age and understanding of
the child. A new project, initiated by the NSPCC and Childline
(CPS is contributing to the funding) is now well underway to develop
a video to complement the booklets already forming part of the
Young Witness Pack.
2.3 CPS prosecutors can draw on the guidance
and agreements to help them to deal sensitively with vulnerable
witnesses. Central to providing an effective service to witnesses
is the provision by the police of timely and accurate information
about the particular needs of a witness, especially a vulnerable
witness. Implementation of recommendations of "Speaking up
for Justice" will provide further measures aimed primarily
at vulnerable witnesses, and includes recommendations aimed at
improving communication between the police and the CPS.
3. SPEAKING UP
FOR JUSTICE
3.1 CPS is represented on the Interagency
Steering Group which is overseeing the implementation of the recommendations
of Speaking up for Justice, as well as participating in a number
of the Working Groups established to develop the details of the
recommendations. Details of the implementation timetable are contained
in the Home Office document "Action for Justice".
3.2 CPS Policy Directorate staff are involved
with developing a training strategy for the CPS to ensure that
CPS staff are both aware of and equipped to deal with the new
provisions as they become available. This represents a significant
training commitment both in terms of legal skills and knowledge,
as well as developing skills necessary to deal effectively with
vulnerable witnesses.
3.3 CPS staff will play a key role in ensuring
that appropriate applications are made to the court in cases involving
vulnerable witnesses so that they are assisted in giving evidence
in a way which gives them the chance to give of their best. This
will involve liaising closely with the police at all stages of
the case so that the prosecution can make an early assessment
of the witness's needs, including the witness's own views on giving
evidence and so ensure that all the information necessary to make
the relevant application is available to present to the court.
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