Special measures for vulnerable witnesses
Giving evidence can be traumatic for vulnerable witnesses. Vulnerable witnesses include children, women and victims of sexual assault cases as well as those facing violence. It can be even more stressful when cases are domestic in nature mainly in sexual offences crimes.
The ODPP aims to provide a safe and less stressful environment to help these witnesses give evidence in court. The ODPP has designed ‘Child Friendly Rooms’ around the country to cater for child witnesses who visit the ODPP. These Child Friendly Rooms are equipped with children’s toys, story books, and educational programs to help put a child at ease and make them feel comfortable when they come to the ODPP for a pre-trial meeting.
The ODPP has also designed the Guidelines on Prosecuting Child Sexual Abuse Cases & Other Crimes Against Children 2019. These Guidelines sets out what is required of a prosecutor when handling cases involving children and vulnerable witnesses.
There will be instances when witnesses feel uncomfortable in giving evidence or fear of intimidation from the accused person or family members. In such circumstances, where witnesses are considered to be vulnerable, “special measures” can assist them in giving evidence.
The Guidelines require the Prosecutor to make special applications in court that ranges from closed court to name suppression in cases involving vulnerable witnesses.
The Guidelines states special measures that may be applied for in Court but is not limited to the following:
An application shall be made for a name suppression order for the vulnerable witness and or child witness depending on the nature and circumstances of the offending and or the child’s involvement in the offending itself at first call.
An application shall be made to take the child witness’s evidence through CCTV or the provision of a screen to separate the child witness from the accused person during the taking of the child’s evidence, either at pre-trial stage or prior to the commencement of the taking of the child’s testimony at trial.
An application shall be made to have the evidence taken in closed court at the pre-trial stage or at first call therefore when the matter is called, no public or media will be allowed in during the proceedings.
An application shall be made for permission to have a child support officer or mother/relative/adult friend present in court and seated close to the witness during the taking of their evidence.
An application shall be made for the Judge and parties to reduce formal court attire for instance removing wigs and court robes. An application may also be made for the courtroom setting to be less formal wherein the Judge can be seated level to the child witness and for all parties to remain seated during questioning.
In case an accused is representing himself/herself at the trial, an application shall be made that he or she not cross examine the child directly.
An assessment as to whether it would be in the best interest of the child that a prior recorded statement or video recorded interview is admitted in lieu of examination in chief. The child will be made available for any additional questioning by the prosecutor, for cross-examination and for questioning by the court. The prosecutor must make this assessment in a timely manner and abide by any notice and other procedural requirements of the law.