Search results for ‘Subject term:"learning disabilities"’ Sort:
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Supporting vulnerable witnesses
- Author:
- -
- Journal article citation:
- Rostrum Magazine, 85, July 2006, p.13.
- Publisher:
- British Association of Social Workers (Scotland)
This article summarises some of the key provisions of the Vulnerable Witnesses (Scotland) Act 2004, which aims to provide additional support to vulnerable witnesses to enable them to give their evidence as best the can.
Handle with care: providing pre-trial therapy for adults with learning disabilities
- Authors:
- Le ROUX Clare, LEACH Mandy
- Journal article citation:
- Journal of Adult Protection, 16(4), 2014, pp.232-243.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to highlight the provision of therapy for witnesses who have a learning disability prior to and following a criminal trial. Authors will reflect on clinical practice whilst stressing that this area of work is in its infancy and both continue to learn through continued reflection and each new experience. Design/methodology/approach: The paper broadly describes the nature of pre-trial therapy followed by reflection by a Counsellor and Supervisor on their clinical practice. Findings: Authors describe some of the common themes that arise whilst providing pre-trial therapy. Social implications: The authors hope that the paper will encourage professionals involved in Safeguarding cases to fully consider the emotional needs of victims and to seek timely therapeutic support where the need presents. They also hope that it will encourage practitioners from various professions to consider providing this specialist and delicate type of therapy whilst highlighting the need for good supervision. Originality/value: There is a paucity of written information about this specific subject area. Although safeguarding of vulnerable adults has grown considerably over the last decade and investigations are now more likely to lead to legal action, the availability of emotional support for victims who have learning disabilities needs to be addressed. (Publisher abstract)
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 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 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.
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 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.
Eyewitness memory and eyewitness identification performance in adults with intellectual disabilities
- Authors:
- TERNES Marguerite, YUILLE John C.
- Journal article citation:
- Journal of Applied Research in Intellectual Disabilities, 21(6), November 2008, pp.519-531.
- Publisher:
- Wiley
Since individuals with intellectual disabilities are often the only witnesses to alleged crimes, it is important to know their capacity to provide eyewitness testimony. In this Canadian study twenty-two participants with intellectual disabilities and 23 comparison group participants had their photographs taken by a confederate. One to two weeks following the photography session, participants were interviewed about the event and were asked to identify the photographer. Two misleading questions, to test for suggestibility, were asked at the end of the interview. Comparison group participants performed significantly better than participants with intellectual disabilities with a target-present lineup, but no significant differences were found between participant groups with a target-absent lineup. Comparison group participants performed significantly better than chance with the target-absent lineup, but participants with intellectual disabilities did not. In the interview, participants with intellectual disabilities provided significantly fewer details than comparison group participants, and the details provided by both groups were mainly accurate. Participants with intellectual disabilities were significantly more likely to acquiesce to one of the suggestive questions than comparison group participants, but the two participant groups did not differ in likelihood of acquiescence for the other suggestive question. It seems that individuals with intellectual disabilities may make adequate witnesses if they are interviewed in a non-leading manner. Future research should examine methods to improve their eyewitness identification performance.
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.
In the case of justice...
- Author:
- HOPKINGS Graham
- Journal article citation:
- Community Care, 21.07.07, 2007, pp.36-37.
- Publisher:
- Reed Business Information
The author reports on three new developments to promote better justice and protection for vulnerable adults. The initiatives highlighted are: a witness pocket book guide; a picture book for adults or adolescents who cannot read or have difficulty reading; and an intermediary scheme to aid communication between the witness and the court.