DOCSLIB.ORG

Speaking up for Witnesses

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Speaking up for Witnesses SPEAKING UP FOR JUSTICE Report of the Interdepartmental Working Group on the treatment of Vulnerable or Intimidated Witnesses in the Criminal Justice System June 1998 Speaking up for Justice Report of the Interdepartmental Working Group on the treatment of Vulnerable or Intimidated Witnesses in the Criminal Justice System CONTENTS Chapter 1: Introduction 1 Chapter 2: Summary of Recommendations 5 Chapter 3: Definition 19 Chapter 4: Witness Intimidation 25 Chapter 5: Vulnerable Witnesses 37 Chapter 6: Further Investigative and Pre-Trial Measures 41 Chapter 7: Court Procedures 47 Chapter 8: Court Measures 49 Chapter 9: Further Measures in Relation to Rape and Other Serious Offences 61 Chapter 10: Child Witnesses 79 Chapter 11: Admissibility of Evidence and Alternative Forms of Evidence 85 Chapter 12: Training 93 Chapter 13: Costs 97 Annex A: Literature Review 99 Acknowledgements 102 Summary 103 Section 1: Introduction 105 Background 105 Definitions 105 Report scope and structure 108 Section 2: Witness intimidation 111 The problem 111 The response 119 Conclusion 127 Section 3: Disabilities and illnesses 131 The problem 131 The response 135 Conclusion 147 Section 4: Special offences 151 The problem 151 The response 167 Conclusion 193 Section 5: Conclusion 195 Bibliography 201 Annex B: Summary of Responses to Working Party 209 Annex C: Summary of Recommended Local Service Level Agreements; Inter-agency Working and Guidance 233 Annex D: CAPE Scheme 237 Annex E: Salford Witness Support Service 240 Annex F: Role of the Crown Prosecution Service 254 Annex G: Crown Court Witness Service 258 Annex H: Magistrates’ Courts Witness Service 262 Annex J: Child Evidence Issues 265 Chapter 1: Introduction Chapter 1: Introduction Background Oxford University, and their report was completed in 1996.2 1.1 The Labour Party manifesto stated that “greater protection will be provided for victims in 1.5 A further area concerns witness intimidation. rape and serious sexual offence trials and for those This is recognised as a growing problem, subject to intimidation including witnesses”. particularly on large housing estates, and is likely to affect both crime reporting as well as making 1.2 This commitment arose from concerns that some witnesses unwilling to give evidence in while measures are in place to assist child court. This was the subject of a Home Office witnesses, many adult victims and witnesses find research study by Warwick Maynard, a member of the criminal justice process daunting and stressful, the Police Research Group, who published a particularly those who are vulnerable because of report in August 1994, “Witness Intimidation personal circumstances, including their Strategies for Prevention”3. In response to growing relationship to the defendant or because of the concerns about this problem, the Association of nature of certain serious crimes, such as rape. Chief Police Officers, (ACPO), Crime Committee Some witnesses are not always regarded as capable took witness intimidation as one of its themes for of giving evidence and so can be denied access to 1997. During the past year, national guidance on justice. Others are in fear of intimidation, which measures to deal with witness intimidation has can result in either failure to report offences in the been developed which has now been endorsed by first instance, or a refusal to give evidence in ACPO Crime Committee. court. 1.6 To take forward the manifesto commitment 1.3 In 1996, media reports of the Ralston Jack Straw MP, the Home Secretary, announced Edwards rape trial drew attention to the trauma on 13 June 1997 that he was establishing an experienced by rape victims when the defendant is interdepartmental working group to undertake a not legally represented and so is able to cross- wide-ranging review. examine his alleged victims. In 1997, the reporting of another case highlighted the problems relating to disabled witnesses with Terms of reference communication difficulties when seeking to give evidence in court. 1.7 The Government gave the working group the following terms of reference: 1.4 Another area of concern relates to people with learning disabilities. The 1989 report1 of the • Having regard to the interests of justice: the Advisory Group on Video Evidence chaired by importance of preventing and detecting Judge Pigot recommended that once the crime, the needs of witnesses and cost recommended changes to the child evidence effectiveness, measures had been introduced, those should be extended to adult vulnerable witnesses, at the discretion of the court. (Pigot recommendations 9-11). As a follow up to these recommendations, the Home Office commissioned research into witnesses with learning disabilities. This was carried out by Andrew Sanders and a team from 2 Sanders A, Creaton J, Bird S, and Webster L, (1996) ‘Witnesses With Learning Disabilities - A Report to the Home Office’ Unpublished. 3 Maynard, W (1994) Witness Intimidation Strategies for 1 (1989) Report of the Advisory Group on Video Evidence: Prevention Police Research Group Crime Detection and London: Home Office Prevention Series Paper 55, London: Home Office 1 Chapter 1: Introduction • and taking into account the National needed to be addressed, both from existing Standards of Witness Care in England and research and also from interested organisations Wales and individuals. To this end, the Working Group commissioned a Literature Review which was • to identify measures at all stages of the conducted by Robin Elliott from the Home criminal justice process which will improve Office Research and Statistics Directorate, and a the treatment of vulnerable witnesses, member of the Working Group. Her report is including those likely to be subject to attached at Annex A to this report, and covers intimidation; developments both in the United Kingdom and overseas. • to encourage such witnesses to give evidence of crime and enabling them to give best 1.11 The Working Group also wrote to 84 evidence in court; individuals and organisations inviting them to submit written comments to the Group. • to consider which witnesses should be Approximately 50 responses were received and a classified as vulnerable; summary of these is attached at Annex B. • to identify effective procedures for applying 1.12 In order to test out some of the ideas being appropriate measures in individual cases; considered by the Working Group, the Home Office Special Conferences Unit organised two • and to make costed recommendations. criminal justice conferences. These were held in Chester on 18/19 November, and Cheltenham on 1.8 A parallel Group was established in Scotland, 1/2 December 1997. Members of the judiciary, chaired by the Scottish Office, to examine these the legal profession, the magistracy, and a wide issues in the context of Scottish law, procedure range of non-governmental organisations were and practice. able to discuss with members of the Working Group some of the more difficult issues that the Group was seeking to address. The Working Membership Group found this to be an extremely valuable exercise which greatly assisted their work. 1.9 The Working Group, was chaired by the Home Office with representation from the Crown Prosecution Service, Department of the General principles Environment, Transport and the Regions, the Department of Health, Legal Secretariat to the 1.13 The terms of reference do not distinguish Law Officers, Lord Chancellor’s Department, the between prosecution and defence witnesses. Department of Social Security (Women’s Unit), Therefore, the Working Group’s considerations the Northern Ireland Office, the Northern Ireland covered both and the remainder of this report DPP’s Office, Local Government Association, should be read on the basis that the term witness Victim Support and the Association of Chief refers to both. Police Officers. Representatives of the Scottish Group, from the Crown Office and the Scottish 1.14 The review was also required to have regard Courts Service, provided a link between the two to the interests of justice. Thus, when developing Groups and a channel for the exchange of its proposals, the Working Group was mindful of information and ideas. the need to balance the rights of the defendant to a fair trial against the needs of the witness not to be traumatised or intimidated by the criminal The work of the group justice process. When developing specific proposals, the Working Group also took account 1.10 The Working Group met for the first time of the United Kingdom’s obligations under the on 1 August 1997, and on approximately a European Convention on Human Rights. monthly basis thereafter until March 1998. The Working Group, recognising that its remit was 1.15 The terms of reference also required the very wide, considered that it was important to Working Group to take into account the National seek information and views on the issues that Standards of Witness Care in England and Wales. 2 Chapter 1: Introduction These were developed in 1996 by the Trials Issues 1.17 The National Standards apply to all witnesses Group which is an inter-agency group with a co- including those who are defined as vulnerable or ordinating role in taking forward criminal justice intimidated, whether they are specifically policies and initiatives. Local Trials Issues Groups mentioned as such in a particular Standard or not. are now implementing the National Standards in There are, however, a number of National the form of Local Service Level Agreements in Standards which refer in terms to the needs of which each agency
Load more

Recommended publications
  • LESBIAN, GAY and TRANSGENDER HUMAN RIGHTS in EUROPE Lesbian, Gay and Transgender Human Rights in Europe KRISTEN WALKER*
    MOVING GAILY FORWARD? LESBIAN, GAY AND TRANSGENDER HUMAN RIGHTS IN EUROPE Lesbian, Gay and Transgender Human Rights in Europe KRISTEN WALKER* [This article assesses the recent jurisprudence of the European judicial institutions in the area of lesbian, gay and transgender human rights. It considers four areas of rights protection: privacy, non-discrimination, family, and marriage. It concludes that, although the record of the European judicial institutions has been mixed, recent developments suggest a greater willingness to protect lesbians, gay men and transgender people from rights violations.] CONTENTS I Introduction II Privacy A Lesbians and Gay Men B Transgender People III Non-Discrimination A Transgender People B Lesbians and Gay Men IV Family A Lesbians and Gay Men B Transgender People V Marriage VI Conclusion I INTRODUCTION Lesbian, gay and transgender human rights issues have only entered the international discourse on human rights in the last 20 years, even though lesbians, gay men and transgender people have suffered discrimination, persecution and injustice throughout the world since the beginning of the twentieth century. In the United Nations arena, there has been one quasi-judicial decision concerning the right to privacy for gay men: Toonen v Australia1 before * BSc, LLB (Hons), LLM (Melbourne), LLM (Columbia); Senior Lecturer in Law, University of Melbourne. A shorter version of this paper was presented at the Queer Law 2000 conference at New York University Law School in February 2000 and will be published in 2001 in the New York University Review of Law and Social Change. 1 United Nations Human Rights Committee, Report of the Human Rights Committee, Communication No 488/1992, UN Doc CCPR/C/50/D/488 (4 April 1994) (‘Toonen’).
    [Show full text]
  • Legislative Scrutiny: Children, Schools and Families Bill; Other Bills
    House of Lords House of Commons Joint Committee on Human Rights Legislative Scrutiny: Children, Schools and Families Bill; other Bills Eighth Report of Session 2009-10 Report, together with formal minutes and written evidence Ordered by The House of Lords to be printed 9 February 2010 Ordered by The House of Commons to be printed 9 February 2010 HL Paper 57 HC 369 Published on 19 February 2010 by authority of the House of Lords and the House of Commons London: The Stationery Office Limited £0.00 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders made under Section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and in respect of draft remedial orders and remedial orders, whether the special attention of the House should be drawn to them on any of the grounds specified in Standing Order No. 73 (Lords)/151 (Commons) (Statutory Instruments (Joint Committee)). The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is three from each House. Current membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Dubs Dr Evan Harris MP (Liberal Democrat, Oxford West & Baroness Falkner of Margravine Abingdon) Lord Morris of Handsworth OJ Ms Fiona MacTaggart (Labour, Slough) The Earl of Onslow Mr Virendra
    [Show full text]
  • International Human Rights Law and Sexual Orientation James D
    Hastings International and Comparative Law Review Volume 18 Article 1 Number 1 Fall 1994 1-1-1994 International Human Rights Law and Sexual Orientation James D. Wilets Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation James D. Wilets, International Human Rights Law and Sexual Orientation, 18 Hastings Int'l & Comp. L. Rev. 1 (1994). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol18/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. International Human Rights Law and Sexual Orientation By JA ms D. Wmus, J.D., M.A.* Table of Contents I. Introduction ............................................ 3 A. Statement of Purpose................................ 6 B. Overview of InternationalHuman Rights Law ...... 8 1. What Is InternationalHuman Rights Law and from Where Is It Derived? ...................... 8 2. How Is InternationalHuman Rights Law Enforced in Practice? ........................... 19 II. The Right to Life ....................................... 26 A. The Right to Life Under InternationalLaw ......... 26 B. The Right to Life Under National
    [Show full text]
  • The Political Situation of Gays and Lesbians in the European Union
    NEW CLAIMS IN HUMAN RIGHTS: THE POLITICAL SITUATION OF GAYS AND LESBIANS IN THE EUROPEAN UNION Camilo Mauricio Ramírez A thesis submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Political Science. Chapel Hill 2007 Approved by: Donald Searing John Stephens Milada Vachudova ABSTRACT CAMILO RAMÍREZ: New Claims in Human Rights: The Political Situation of Gays and Lesbians in the European Union (Under the direction of Don Searing) International human rights norms are, in general, silent on issues of sexuality. Domestic laws are essential in overcoming limitations in international human rights law as it has traditionally applied to gay and lesbian communities. In recent years, the European Union has made progressive steps in protecting the rights of gay and lesbian citizens. Superficially, Europe appears far more advanced than the United States in legislating equality for sexual minorities. However, a philosophical problem remains unresolved at the supranational level of EU politics: What exactly constitutes discrimination based on sexual orientation? Three countries, the Netherlands, Belgium and Spain offer full protection and benefits under the law. For most of western Europe, life is tolerable for gay and lesbian citizens, offering civil unions and partner benefits. However, hostile conditions remain in some European countries, such as Poland, making life very difficult for gay and lesbian communities. ii TABLE OF CONTENTS LIST OF TABLES……………………………………………………..……………………..iv Chapter I. Introduction………………………………………………………………...….1 II. The English Case……………………………………………………………...4 III. The Polish Case………………………………………………………………..8 IV. The Spanish Case…………………………………………………………….14 Lesbian Movement…………………………………………………………...15 The Chueca Model…………………………………………………………...16 V.
    [Show full text]
  • Sodomy Laws and the European Convention on Human Rights Clarice B
    Brooklyn Journal of International Law Volume 21 | Issue 2 Article 6 12-1-1995 Proposals for Progress: Sodomy Laws and the European Convention on Human Rights Clarice B. Rabinowitz Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Clarice B. Rabinowitz, Proposals for Progress: Sodomy Laws and the European Convention on Human Rights, 21 Brook. J. Int'l L. 425 (1995). Available at: https://brooklynworks.brooklaw.edu/bjil/vol21/iss2/6 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. PROPOSALS FOR PROGRESS: SODOMY LAWS AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS Moral people, as they are termed, are simply beasts. I would sooner have fifty unnatural vices, than one unnatural virtue. It is unnatural virtue that makes the world, for those who suffer, such a premature Hell.* INTRODUCTION While both heterosexual and homosexual' people may often be prosecuted for consensual sodomy, these laws disproportionately affect the lives of gay and lesbian people,2 often providing the justification for other discrimination, in- cluding employment, child custody, and housing.3 Even unen- forced sodomy laws permit the government to use the law as a weapon against gay and lesbian persons.' Despite the modera- * Letter from Oscar Wilde (1897), quoted in JEFFREY WEEKS, COMING OUT: HOMOSEXUAL POLITICS IN BRITAIN, FROM THE NINETEENTH CENTURY TO THE PRES- ENT 33 (1977). In 1895, after Wilde was convicted of committing "indecent" acts in private with other men, he was sentenced to two years' imprisonment.
    [Show full text]
  • Religious Expression and Considers and Critiques the Possible Rationale Underlying Each
    Durham E-Theses Legal responses to the individual manifestation and expression of religion in the workplace in England and Wales: a conceptual framework HAMBLER, ANDREW How to cite: HAMBLER, ANDREW (2013) Legal responses to the individual manifestation and expression of religion in the workplace in England and Wales: a conceptual framework, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/7012/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 Abstract Legal responses to the individual manifestation and expression of religion in the workplace in England and Wales: a conceptual framework Andrew Hambler The purpose of this thesis is to analyse legal approaches in England and Wales towards the manifestation and expression of religion by individuals in the workplace. It begins by considering the nature of ‘religion’ and then seeks to understand and categorise the ways in which it is held by individuals at work through: inner belief, identity, association with others and, most significantly, outward manifestation or expression.
    [Show full text]
  • Judicial Review and the Human Rights Act
    JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT Cavendish Publishing Limited London • Sydney JUDICIAL REVIEW AND THE HUMAN RIGHTS ACT Richard Gordon QC Barrister at Brick Court Chambers, London, and Visiting Professor in the Faculty of Laws at University College London and Tim Ward Barrister at Monckton Chambers, London Cavendish Publishing Limited London • Sydney First published in Great Britain 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Gordon, R and Ward, T 2000 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. British Library Cataloguing in Publication Data Gordon, RJF Judicial review and the Human Rights Act 1 Civil rights—England 2 Civil rights—Wales I Title II Ward, Tim 342.4’2’085 ISBN 1 85941 430 3 Printed and bound in Great Britain To Edmund and Adam and To Ethan ‘What are the Rights of Man and the Liberties of the World but Loose-Fish?’ Herman Melville, Moby Dick, Ch 89. FOREWORD The Rt Hon Lord Justice Brooke Rights, they say, are coming home, even though English judges have been creating, shaping and defending our rights for nearly a thousand years.
    [Show full text]
  • Courting Faith: an Empirical Study of Lawyers' Perceptions of The
    Courting Faith: An empirical study of lawyers’ perceptions of the relationship between religion and judicial decision-making Amanda Jane Springall-Rogers Submitted for the degree of Doctor of Philosophy University of East Anglia School of Law December 2016 © This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that use of any information derived there from must be in accordance with current UK Copyright Law. In addition, any quotation or extract must include full attribution. Abstract The traditional view of judicial behaviour posits that only the evidence and the law form the basis of a judicial decision. However, research shows that judging is influenced by a variety of legal and non-legal factors, particularly in cases involving judicial discretion. Whilst there is a wealth of empirical research that explores the interplay between religion and judging in other jurisdictions, particularly in the US where judges’ faith has been found to affect judicial decisions in certain legal areas, much less scholarly attention has been paid to this relationship in the context of the British courts. This socio-legal study uses semi-structured interviews with barristers and an online questionnaire completed by solicitors, both predominantly practising in employment or family law, to explore whether the religious beliefs of judges are perceived by lawyers to influence individual judicial decision-making in the English courts and, if so, how. The study finds that judges’ faith is perceived to potentially influence the decisional process in cases which, directly or indirectly, involve religious issues.
    [Show full text]
  • Table of Contents 2 4 5 7 11 31 32 33 34 34 36 36
    Edition 84, May 2013 OPINION: EROSION OF RIGHT TO SILENCE HIGHLIGHTS NEED FOR STRONGER RIGHTS GUARANTEES TABLE OF CONTENTS HRLC Secondee Lawyer, Rowan Minson from King & Wood Mallesons, examines how the erosion of the right to silence in NSW highlights OPINION 2 the precarious nature of human rights in NEWS IN BRIEF 4 Australia. HRLC POLICY WORK AND CASE WORK 5 NEWS: NO REASONABLE JUSTIFICATION FOR REFUGEES APPEAL BAN AUSTRALIAN HUMAN RIGHTS CASE NOTES 7 A parliamentary committee hands down a report INTERNATIONAL HUMAN RIGHTS CASE NOTES 11 finding there is no reasonable justification for INTERNATIONAL HUMAN RIGHTS DEVELOPMENTS 31 excluding refugees from appealing an adverse security assessment by ASIO NATIONAL HUMAN RIGHTS DEVELOPMENTS 32 CASE NOTES: NO RIGHT TO AN EFFECTIVE STATE-BASED HUMAN RIGHTS DEVELOPMENTS 33 INVESTIGATION HRLC MEDIA COVERAGE 34 Victorian Supreme Court dismisses application SEMINARS & EVENTS 34 seeking judicial review of two decisions by the Office of Police Integrity not to investigate a HUMAN RIGHTS JOBS 36 complaint of cruel, inhuman or degrading JUSTICE EDWIN CAMERON 36 treatment by an officer of Victoria Police. JUSTICE EDWIN CAMERON Justice Edwin Cameron discusses living with HIV, the political nature of coming out and the power of civic and legal action to create social change. This edition is sponsored by HUMAN RIGHTS LAW CENTRE | RIGHTS AGENDA | 2 OPINION Erosion of right to silence highlights need for stronger rights guarantees The right to silence, a fundamental and centuries-old principle of our criminal justice system, has been severely curtailed by legislation rushed through the NSW Parliament in late March. The erosion of this basic right highlights the precarious nature of human rights in Australia and underscores the need for stronger protection.
    [Show full text]
  • Article 8 Echr and Its Impact on English Law
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenGrey Repository ARTICLE 8 ECHR AND ITS IMPACT ON ENGLISH LAW JANA GAJDOŠOVÁ PhD UNIVERSITY OF EAST ANGLIA LAW SCHOOL 2008 © This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that no quotation from the thesis, nor any information derived therefrom, may be published without the author’s prior, written consent. Abstract The thesis examines the scope of the right to respect for one’s private life, family life, home and correspondence as set out in Article 8 of the European Convention on Human Rights (ECHR). It does so with reference to both the admissibility and merits decisions and judgments from the European Court of Human Rights (ECtHR). It thus shows not only the range of interests that Article 8 covers in the light of the main ECHR principles of proportionality, margin of appreciation or that of living instrument, but also the interests and rights that fall outside Article 8’s ambit. At the same time, it offers a clear picture of two basic procedural stages that each individual complaint has to go through in Strasbourg. The thesis then proceeds with an analysis of the impact of the above-mentioned jurisprudence under Article 8 on English law. It does so by examining the major ECtHR judgments under Article 8 in general, and those in which the UK has been found in breach of Article 8 in particular.
    [Show full text]