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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.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 3: at court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 45p.
- Place of publication:
- London
This report, the third in a series of six, considers the process of attending court, including arriving at court, waiting to go into the court room, being in the court room and giving evidence. Generally, court users made their way to the court room alone and were daunted by the formal environment; this stress was significantly reduced by prior familiarisation with the court process, the presence of a support worker, and the support of the Witness Service in criminal courts. Court users who felt they needed support were willing to disclose their condition, but were not always aware of whether disclosure was appropriate or who was responsible for informing the court. In turn, staff often assumed that identification would already have occurred and did not feel that they had the expertise to carry out this function. Where the judiciary were aware of need, the adjustments which they made were helpful to court users and increased their sense of inclusion in proceedings. In criminal cases, special measures were helpful in supporting court users to give evidence. More specialist support was only required by those who felt unable to manage their conditions.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 2: before court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 51p.
- Place of publication:
- London
This report, the second in a series of six, outlines the experiences of court users with these vulnerabilities from their first involvement with the justice system until their attendance at court. Across the courts, conditions were more likely to be identified when a support worker was present with the court user. In criminal cases, experiences varied greatly depending upon police awareness of the court user’s support needs. In civil proceedings, a lack of contact with the courts could impede identification, and court users depended on legal representatives or existing support networks to identify needs and provide support. Identification was most likely in family proceedings where assessments and close contact with professionals were common. Court users were unlikely to disclose their condition unprompted. Protocols for support in criminal courts meant that court users were more content with the level of information and support offered than was the case in civil and family proceedings, where no protocols or designation of responsibility for support existed.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 6: technical report
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 26p., bibliog.
- Place of publication:
- London
This report, the sixth in a series of six, presents details on a research project exploring the court experience of adults with mental health conditions, learning disabilities and limited mental capacity. The research relates to victims and witnesses in criminal cases, and to participants in civil and family cases. The report outlines the background to the research and presents the project’s research aims and methodology. This research was designed to investigate how the court system supports the complex and specific needs of adults with mental health conditions, learning disabilities and limited mental capacity. It explored the direct experiences of victims and witnesses in criminal cases, and case participants in civil and family courts. The project had two phases: a developmental scoping study and a programme of interviews with practitioners, court users and carers. The methodology was entirely qualitative. Recruitment was conducted in house through contact with a range of networks and support organisations. All study participants voluntarily self-disclosed their conditions, and definitions of conditions followed participants’ own usage. A process of informed consent tailored to individual need was used for all interviews.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 4: after court
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 25p.
- Place of publication:
- London
This report, the fourth in a series of six, outlines the ‘after-court’ process, including receiving verdicts in court, leaving the court and making the journey home, awaiting outcomes and receiving news at home, and moving on from the experience. Hearing a verdict in court and receiving news of the case outcome at home were times of particular stress and low mood for court users. They needed clear explanations to understand their case outcome, and emotional support to come to terms with it. Co-ordination between agencies to ensure that the court user was adequately supported at this point required careful management, but there are few protocols for support provision following court appearances. Many of the court users who were interviewed for this research did not feel any further support was necessary following case closure. However, where it was required, communication and cross-referrals between service providers were important to ensure the court user was not left unsupported.
Supporting victims and witnesses with a learning disability
- Author:
- GREAT BRITAIN. Crown Prosecution Service
- Publisher:
- Great Britain. Crown Prosecution Service
- Publication year:
- 2009
- Pagination:
- 60p.
- Place of publication:
- London
This easy to read document is a public policy statement, designed for people who have a learning disability and who are the victim of, or witness to, a criminal offence. It explains how the Crown Prosecution Service (CPS), the main prosecuting authority for England and Wales, will deal with cases which involve victims and witnesses who have a learning disability. The service recognises that some people will have a learning disability and experience mental health issues; in those circumstances both policies may apply. The purpose of this document is: to explain the role of the CPS; to give an overview of the criminal justice system (CJS); to set out what victims and witnesses can expect from the CPS; and to give information about particular issues which may affect victims and witnesses who have a learning disability.
Mental health: victims and witnesses with mental health conditions and disorders
- Author:
- GREAT BRITAIN. Crown Prosecution Service
- Publisher:
- Crown Prosecution Service
- Publication year:
- 2019
- Place of publication:
- London
Revised guidelines for prosecutors on dealing with victims and witnesses with mental health conditions. It provides information on: the Crown Prosecution Service seeking relevant information about any mental health condition the victim or witness has; the use of expert reports on a victim or witness; consideration of whether a person is competent to give evidence; and providing support for victims and witnesses. The guidance is relevant to victims and witnesses with: a mental disorder, as defined by the Mental Health Act 2007; a learning disability; a learning difficulty; Autism Spectrum Disorder; an acquired brain injury; dementia; or other mental health, cognitive or neuro-diverse conditions. (Edited publisher abstract)
Guidance on responding to people with mental ill health or learning disabilities
- Author:
- NATIONAL POLICING IMPROVEMENT AGENCY
- Publisher:
- National Policing Improvement Agency
- Publication year:
- 2010
- Pagination:
- 208p., bibliog.
- Place of publication:
- London
This guidance provides advice to help police respond more effectively to people who are experiencing mental ill health or who have a learning disability. The guidance is a comprehensive document, providing advice on needs that arise in either a criminal justice capacity (where the person is a victim, witness, suspect or offender) or in a health care capacity (where the police may be acting in support of others who are dealing with someone experiencing a mental health crisis). The separate sections of the guidance cover: general operational guidance; mental health principles; operational police responses to victims and witnesses; use of police powers under the Mental Health Act 1983 and Mental Capacity Act 2005; operational police responses to suspects and offenders; and managing police responses. An aim of the guidance is to support more people with mental ill health being accommodated in health facilities rather than in police custody through better implementation of the Mental Health Act 1983. It also aims to provide an improved response to victims, witnesses, suspects and offenders leading to a reduction in repeat victimisation and offending, and increased reporting to the police of crimes against people with mental ill health or learning disabilities (including discrimination, victimisation and harassment).
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 5: policy processes, services and practices
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 28p., bibliog.
- Place of publication:
- London
This report, the fifth in a series of six, provides an overview of the policies, services and practices in place across the court system to support the needs of adults with mental health conditions, learning disabilities and limited mental capacity. Two key policy processes within the criminal justice system are relevant. The first aims to better enable vulnerable or intimidated witnesses to give best evidence in court. The second aims to improve the criminal justice system more widely to better meet the needs of victims and witnesses. A range of protocols are used by the police and the CPS to facilitate the identification and support of this group of court users. In the civil justice system, service delivery in this area has been guided by two policy aims: to improve, simplify and speed up the litigation system, and to strengthen the law in relation to Anti-Social Behaviour Orders, including the extension of special measures to anti-social behaviour cases. In the family courts, policy to harmonise the Family Procedure Rules with the Civil Procedure Rules, and guidelines to support the use of McKenzie Friends for litigants in person, are in place. The overarching policy outputs relevant to the study are the amended Mental Health Act (2007), the Mental Capacity Act (2005), the Disability Discrimination Act (2005), and the Department of Health’s ‘No Secrets’ (2000) guidance on protection of vulnerable adults.
Court experience of adults with mental health conditions, learning disabilities and limited mental capacity: report 1: overview and recommendations
- Authors:
- MCLEOD Rosie, et al
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2010
- Pagination:
- 32p.
- Place of publication:
- London
This report, the first in a series of six, outlines the key findings from the research into the opportunities for identification of court users with these vulnerabilities, and the extent of subsequent support, varied across the courts. A number of relevant policies and processes have been introduced in recent years. However, these tended not to be designed specifically for court users with mental health conditions, learning disabilities and limited mental capacity. Furthermore, policies related to particular stages of the court case or to particular agencies, rather than the whole ‘journey’ of an individual victim, witness or case participant through the justice system. The report therefore recommends a clear support pathway for vulnerable court users, supported by improved systems of accountability and the establishment of small multi-disciplinary teams. Better processes for early identification of conditions, and guidelines to increase awareness of how disclosures can be made, are also recommended. A single point of contact for vulnerable court users throughout a case is proposed, along with increased dissemination of tailored information, improved access to legal representation, additional and improved training for professionals, and improvements to implementation of special measures.