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The emerging role of the Registered Intermediary with the vulnerable witness and offender: facilitating communication with the police and members of the judiciary
- Author:
- O'MAHONY Brendan M.
- Journal article citation:
- British Journal of Learning Disabilities, 38(3), September 2010, pp.232-237.
- Publisher:
- Wiley
Being interviewed by the police as a witness or as a suspect can be a frightening experience for many people; these feelings can be multiplied for many people who have a learning disability and who do not understand the legal proceedings. Intermediaries were introduced by the Youth Justice and Criminal Evidence Act 1999 to help facilitate communication between the police, the courts and the vulnerable witness. Research has shown that this measure has been valuable in assisting the vulnerable witness to testify. This study was an exploratory examination of the recent use of intermediaries with defendants. The defendant does not by law have the right to an intermediary; however the Coroner's and Justice Bill (2008-09), is attempting to amend this situation. Meanwhile judges are starting to request an intermediary for vulnerable defendants. A mixed method approach was used in this study. Unstructured interviews were held with five intermediaries who had been instructed by the Intermediary Referral Board to work as an intermediary with cases involving defendants. The themes that emerged from these interviews were then used in the design of a questionnaire which was disseminated to 33 intermediaries. The results found that intermediaries were very positive about the need for vulnerable defendants to have support. The intermediaries also highlighted that they required additional training and they raised concerns about how their role was viewed by the courts when they were assisting defendants.
Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 2)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 364, February 2008, pp.29-31.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article considers the progress made by the Scottish Executive in reforming the court system to better meet the needs of people with mental vulnerability, in particular through the Vulnerable Witnesses (Scotland) Act 2004.
Should sex have legal boundaries
- Author:
- BRAMMER Alison
- Journal article citation:
- Tizard Learning Disability Review, 5(3), August 2000, pp.26-29.
- Publisher:
- Emerald
The link between law and the sexual health of people with learning disabilities is not immediately apparent. This article focuses on two areas where law imposes restrictive limits under the guise of the need for protection. Whether this can be justified as appropriate is questioned, and it may be argued that discrimination operates to deny full opportunity for sexuality.
The early identification of vulnerable witnesses prior to an investigative interview
- Authors:
- O'MAHONY Brendan M., SMITH Kevin, MILNE Becky
- Journal article citation:
- British Journal of Forensic Practice, 13(2), May 2011, pp.114-123.
- Publisher:
- Emerald
The purpose of this review and discussion paper is to examine how Registered Intermediaries are used in England and Wales to facilitate communication between vulnerable witnesses or victims (those with an intellectual disability or mental illness) and police investigators or criminal courts. The paper focuses on the need for early identification of these people so that support measures can be put in place from the outset to assist them to provide their testimony. The authors note that real progress has been made through the introduction of legislation, specifically the Youth Justice and Criminal Evidence Act (1999), and the uptake by the police service of the subsequent special measures put in place. However, they warn that the criminal justice service cannot afford to be complacent as research demonstrates that the police and the courts need to be more effective in managing these issues. The paper concludes with recommendations. It is noted that the vulnerable witnesses are also interviewed by other agencies and best practice from policing should be shared, for example with the Independent Police Complaints Commission, HM Customs and Revenue, the Department of Health and the Department of Work and Pensions.
Accused of murder: supporting the communication needs of a vulnerable defendant at court and at the police station
- Author:
- O'MAHONY Brendan M.
- Journal article citation:
- Journal of Learning Disabilities and Offending Behaviour, 3(2), 2012, pp.77-84.
- Publisher:
- Emerald
Witnesses or defendants with psychological vulnerabilities such as learning disabilities may be disadvantaged in understanding questions and the implications of the answers that they provide. The Youth Justice and Criminal Evidence Act 1999 introduced the role of the Registered Intermediary to the criminal justice system allowing vulnerable witnesses to have access to communication experts to facilitate communication during police interviews and whilst providing testimony at court. This paper examines the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The aim of the paper is to consider how the communication needs of vulnerable defendants should be addressed in the criminal justice system. The defendant was a young adult assessed as having an IQ of 66 and a receptive vocabulary score similar to that which might be expected of a 7-year-old child. The defendant had been charged with murder and had entered a plea of self-defence against the charge. The paper highlights the complexities of the language that is used by lawyers in the courtroom and the difficulties that this can cause for a vulnerable defendant. Additionally, it reveals the difficulties that the police caution can present to a vulnerable suspect in custody.
Liberty and security
- Author:
- DOW John
- Journal article citation:
- Journal of Integrated Care, 18(5), October 2010, pp.25-28.
- Publisher:
- Emerald
Under supported living packages for people with learning disabilities, accommodation is provided by a private landlord or housing association by means of a tenancy. Care is provided by a domiciliary care agency. Registration as a care home is not required provided that there is not an establishment which provides accommodation together with nursing or personal care. The tenant pays rent and is eligible to claim Housing Benefit. The local social services authority may be required to fund the care package. The safeguards that apply in registered care homes do not apply in the same way to supported living arrangements. In this article the author discusses the legal position of supported living arrangements for people with learning disabilities with reference to a recent case which was heard in the Family Division of the High Court (sitting as the Court of Protection). The young man with learning disabilities was removed by a local council from the home he shared with his long term carer, a former foster parent. He was initially placed in a care home and then in a supported housing project. As well as the question of whether there had been a deprivation of liberty in this case, the court also considered the validity of the tenancy and whether the arrangements constituted a ‘care home’, such that registration under the Care Standards Act would be required. The author suggests that the legal framework underpinning supported living arrangements for people who lack capacity is likely to come under closer scrutiny.
Vulnerable defendants in the criminal courts
- Author:
- EPSTEIN Rona
- Journal article citation:
- Criminal Law and Justice Weekly, 13.3.10, 2010, pp.152-153.
- Publisher:
- LexisNexis Butterworths
- Place of publication:
- London
A report by the Penal Reform Trust, Vulnerable defendants in the criminal courts, reviewed the support in the court system for adults with learning disabilities and the provision of support for children. It has found that an unwieldy justice system is undermining the ability of thousands of vulnerable adults and children to understand what is happening to them in court.
Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 1)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 363, January 2008, pp.11-13.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article look at how the civil justice system in Scotland responds to the needs of people living with mental vulnerabilities, learning disabilities and dementia. In particular it discusses how people with mental vulnerabilities gain access to good quality legal information, advice and assistance.
Draft court rules: Mental Capacity Act 2005: Court of Protection rules: consultation paper
- Author:
- GREAT BRITAIN. Department for Constitutional Affairs
- Publisher:
- Great Britain. Department for Constitutional Affairs
- Publication year:
- 2006
- Pagination:
- 63p.
- Place of publication:
- London
This consultation paper seeks views and comments on the provisions of the draft rules of court that will govern proceedings before the new Court of Protection. It also seeks general comments as to the framework that the draft rules provide and on the individual rules.
Suffer the meek
- Author:
- RAINE Peter
- Journal article citation:
- ADSS Inform, 7(3), August 1998, pp.13-14.
Discusses a new report which highlights the steps needed to help protect vulnerable witnesses.