The Justice Gap – Vulnerable Defendants, Autism and the Courts
With Section 28 of the Youth Justice and Criminal Evidence Act 1999 at the brink of partial implementation, the topic surrounding the protection of Vulnerable Witnesses in the Criminal Justice System continues to gather momentum and legislative support.
For some time now, those witnesses who are considered vulnerable by virtue of either their age (under 18) or fear of intimidation as a result of the serious nature of the offence, have been afforded the protection and assistance of Special Measures by the Courts to enable them to give evidence by way of a less stressful regime . We are also, as an profession, becoming more educated in respect of the need to adopt a more flexible and appropriate advocacy skill set to assist those with Asperger’s Syndrome, Autism and Special Educational needs
Special Measures can be offered by the Courts in many ways:-
The use of screens, to conceal the person giving evidence from the defendant and
public gallery.
The use of video links to enable the witness to give evidence from a different part
of the court building.
Live link: enables the witness to give evidence during the trial from outside the court through a televised link to the courtroom. The witness may be accommodated either within the court building or in a suitable location outside the court, (s24 YJCEA);
Examination of the witness through an intermediary: An intermediary may be appointed by the court to assist the witness to give their evidence at court. They can also provide communication assistance in the investigation stage. – The intermediary is allowed to explain questions or answers so far as is necessary to enable them to be understood by the witness or the questioner, this is often very helpful in cases where the witness is on the Autistic spectrum or has special educational needs (s29 YJCEA);
Evidence given in private: Allows for exclusion from the court of members of the public and the press (except for one named person to represent the press) in cases involving sexual offences or intimidation by someone other than the accused, (s25 YJCEA);
Removal of wigs and gowns by judges and barristers (s26 YJCEA);
Video-recorded interview: a video recorded interview with a vulnerable or intimidated witness before the trial may be admitted by the court as the witness’s evidence-in-chief – for adult complainants in sexual offence trials in the Crown Court.
But what about vulnerable defendants? On the face of it it would seem that the protection of the Court offered to those considered vulnerable in the Criminal Justice system is geared entirely towards provision for witnesses, with no or very little legislative clout to support defendants falling into the same category. At Watson Woodhouse we constantly strive to close that Justice Gap by fighting for the rights of young and vulnerable defendants who find themselves within the Criminal Justice System.
Specialising in providing expert advice and assistance to Vulnerable Defendants and their families, Victoria Molloy, a senior solicitor at this firm, is an accredited facilitator for the Law Society, training solicitors and barristers alike in advocacy techniques for the Court Room regarding the questioning of vulnerable witnesses and Defendants.
A champion for the provision of intermediaries to defendants on the Autistic spectrum and those with special educational needs, Watson Woodhouse have a strong affiliation with the Stockton based charity Daisy Chain and are proud to be the only Specialist Solicitors in the North East providing expert advice in this area.
Earlier this month Victoria headed down to the Royal Courts of Justice to fight against a decision to deprive a young defendant with autism the opportunity to have the assistance of an intermediary at his trial. The decision was successfully overturned and with it a message sent out that Vulnerable Defendants too deserve the right to be heard, to be heard properly and to be treated fairly, like everyone else.
If you are or know of a vulnerable person who is facing proceedings at court, or would like some advice generally regarding your rights, please contact Victoria for an appointment on 01642 247656 or pop in to our Berwick Hills Law Clinic every Thursday between 2pm – 6pm for a cup of tea and a chat.
