amanda naylor vs children & young people lead. aims to examine: recent cases & on-going poor...
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Amanda Naylor VS Children & Young People Lead
AIMS
To examine:• Recent cases & on-going poor experiences that CYP
have in CJS• Policy initiatives/best practice examples (young witness
services, special measures, and other support systems)
• Specific role of the Intermediary and impact on CYP • How all professionals can play a key role in supporting
young witnesses both in preparation and post trial.
WHO IS VICTIM SUPPORT?
Key agency that provides support at all ends of the Criminal Justice System
Services include:• Core victim and witness support services• IDVA and ISVA teams• Specialist children’s sexual exploitation
services• Specialist Young Witness Services
WHY YOUNG PEOPLE NEED ADDITIONAL SUPPORT
“Young victims and witnesses are amongst some
of the most vulnerable users of the Criminal
Justice Service. If victim and witness care is to
be targeted at those with the greatest need this
will almost always include young people.”
Joint Inspection Report on the Experience of Young Victims and Witnesses in the Criminal Justice System, Feb 2012, HMCPSI, HMIC.
WHO ELSE MAY BE INVOLVED WITH A WITNESS :
• Family• Police officer in Case• Social Worker• Witness Care Unit• Witness Service• Young Witness Service• Intermediary• Prosecution Barrister• IDVA/ ISVA• Specialist Organisation (Rape Crisis etc)• Health Professionals• Judge• Usher
BALANCING THE CJS AND YOUNG WITNESS NEEDS
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CJS
YW
Victims and witnesses, particularly those who are young and vulnerable:
‘continue to be adversely affected by an absence of real focus on their needs… the CJS system itself appears to be unable to maintain a consistent and acceptable level of care as cases pass through it’
(HM CPS Inspectorate and HM Inspectorate of Constabulary, Joint inspection report on the experience of young victims and witnesses in the CJS).
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SAFEGUARDING V JUSTICE?
WHAT CHILDREN TELL US:
• Everyone was making decisions about what I needed – I didn’t know really what was going on. Everyone said what I needed no-one asked me what I wanted
• Being a witness re-traumatises and sometimes “feels worse than the abuse itself”
• I didn’t understand any of the questions – it was like he was speaking another language
• Everyone was happy that he was found guilty – I felt sad and lonely I just wanted it to stop.
• After the trial everyone just disappeared – job done and I had to cope with what everyone had said about me and knew about me.
Research Findings: 50% of young people do not understand some of the
questions they are asked at court 65% experienced problems with comprehension or
complexity of questions More than 50% of these young people did not tell the
court of their difficulties More than 50% of young people report they were
accused of lying 66% of young witnesses who gave evidenced were
accompanied in the TV link room by a person they had not previously met
50% of young witnesses had a PTV, most did not have an opportunity to practice using the live link
WHAT YOUNG WITNESSES
WANT….• to be taken seriously and told the truth• to be told things that might go wrong at court• to be able to trust the adult they spoke to • to know the limits of confidentiality agreement • to have a pre-trial visit before the day of court• to be listened to on a one-to-one basis• someone to answer questions and provide information• the adult/professional to be available to them• a non-judgemental and non-directive approach
Plotnikoff and Woolfson (2004) In their own words. NSPCC
HOW CAN YOUNG WITNESSES BE BEST SUPPORTED?
• Aim to reduce Risk factors
• Increase Protective factors
• Increase Resilience levels
Risk factors
Protective factors
Resilience Levels
UNDERSTANDINGSPECIAL MEASURES
http://www.youandco.org.uk/courtroom
• VRI as evidence in chief• No watching of VRI at court• Registered intermediary • Pre-recorded cross-examination• No wigs and gowns• Judge and counsel to meet witness• Questions pre-submitted• Topic cards for questions• Face to face cross-examination• Afternoon hearing• Defendant not to see plasma screen
AGREED MEASURES
“... as a result, a number of defendants have been prosecuted to conviction for committing very serious offences. The use of intermediaries has introduced fresh insights into the criminal justice process … They are independent and neutral. They are properly registered. Their responsibility is to the court. And they are used at much earlier stages in the process, to flag up potential difficulties in advance of the trial. … their use is a step which improved the administration of justice and it has done so without a diminution in the entitlement of the defendant to a fair trial. …. the use of intermediaries has meant that a number of those who are among the most vulnerable in the community may now be heard when before they would have been forced to remain silence.“
Rt Hon the Lord Judge, Lord Chief Justice 7.9.11
INTERMEDIARIES
Vulnerable witnesses (both prosecution and defence) under s16 of the 1999 Act
Under 18 years of age; or where Quality of evidence may be affected by: mental
disorder or impairment of intelligence and social functioning or physical disability/disorder.
ENTITLEMENT TO A REGISTERED
INTERMEDIARY
Special measures: Intermediaries should be considered in all cases of child sexual abuse, not just those involving very young witnesses, and if not involved earlier in the case, they should still be actively considered in advance of the trial as a means of supporting the victim giving evidence in court. Children and young people do not approach communication in the same way as adults and ability across all age ranges can vary considerably
Para 85 CPS Guidelines on Prosecuting Cases of Child Sexual Abuse, Oct 13.
CPS GUIDANCE
• No RIs were used in the 69 interviews, including 4 interviews of children under the age of 6.
• RIs were not always sought because of “a tendency by some interviewers and their managers to over-estimate their own skill levels and/or underestimate the communication needs of vulnerable witnesses”.
• At court, RIs were not used as much as expected where the issue was simply age of the child.
• One court has made it clear they expect an RI assessment will be carried out on all children under twelve and that it should be mandatory for under nines.
JOINT INSPECTION REPORT DEC 2014
• Recommendation 4: Police forces should ensure intermediaries are considered and used where appropriate; and the rationale and decision for their use or not are recorded
• Recommendation 5: The CPS should ensure intermediaries are considered for use at court in every case involving a child witness and a written record is maintained of the decision, particularly of the rationale where an intermediary is not used.
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Achieving best evidence in child sexual abuse cases – a joint inspection, HMCPSI, HMIC,
December 2014
RECOMMENDATIONS
FINDING OUT MORE?www.theadvocatesgateway.org
What goes wrong for CYP
What is in place to ensure things improve
What can you do to better
support young witnesses
WHEN THINGS GO WRONG
• No advanced referrals• No pre-trial therapy offered• No Ground rules hearings• No intermediaries• Poor timetabling (double/triple listings/ floating trials)• Special Measures not in place/ wrong special measures in
place• Unacceptable length of time in cross examination• Aggressive cross examination/ multiple cross examination• Media involvement• No post trial support• No co-ordination between agencies
WHAT SHOULD IMPROVE THE EXPERIENCE FOR
YOUNG VICTIMS/ WITNESSES IN CJS?
Significant Progress across all agencies in working together to address gaps leading to:• Better understanding of the issues (OCC, SVACV)• Better identification of children and young people
being sexually exploited (ACPO, Working Together, MASH)
• More cases coming to court (CPS) • Wider range of Special Measures – better application• Training for key members of Judiciary, Prosecution
(Advocates Gateway, Equal Treatment Bench book)• Clear information on entitlements (Victims Code,
Witness Charter)
TAILORING SUPPORT
• Talk to the young person about special measures available and help them make informed decisions - don’t assume
• Risk, protective and resilience factors may fluctuate during criminal proceedings – re-assess needs
• Ask person about condition, triggers, coping strategies and support needs
• Prepare and plan together for possible reactions
Remember
It is important that you tell the truth at court
If you cannot remember - say you cannot remember
If you need to – say you want to hear a question again
If someone says something not true - say it is not true
EXAMPLES OF ‘GROUND RULES’
WORKING WITH OTHER AGENCIES
Key Multi Agency Processes:
• Avoid duplication and ownership (my witness)• Professional Respect• Information Sharing• Skill Matching – right person provides the
support• Joint Planning• Advocacy • Little things matter
LEGISLATION, STANDARDS & GUIDANCE – FURTHER READING
• Youth Justice & Criminal Evidence Act 1999Introduction of Special Measures
• Achieving Best Evidence in Criminal Proceedings 2011 National Standards for Child Witness Preparation• Young Witness Handbook 1998/Young Witness Pack• Registered Intermediary Procedural Guidance Manual 2012• Victims Code/Witness Charter• Equal Treatment Benchbook 2013• Advocates Gateway• CPS ACPO Guidance 2013 (CSE)• Joint Inspection Report Achieving best Evidence in CSA
cases 2014• Criminal Practice Directions 2015
CREATIVITY TAKES COURAGE
