Information about Vulnerable Adult Witnesses
2.105 While circumstances will sometimes limit what can be found out about the
witness prior to the interview taking place (e.g. as a result of time
constraints where the alleged perpetrator is in custody), as much of the
following information should be obtained about the witness as is possible:
•Age;
•Gender;
•Sexuality (where the alleged offence might contain a homophobic
element);
•Preferred name/form of address;
•The nature of the witness’s disability or mental disorder and the
implications of this for the interview process;
•Any medication being taken and its potential impact on the interview
(including its timing);
•Domestic circumstances (including whether the witness is currently in a
‘safe’ environment);
•The relationship of the witness to the alleged perpetrator;
•Current emotional state (including trauma, distress, shock, depression,
fears of intimidation/ recrimination and recent significant or stressful
events experienced);
•The likely impact of recalling traumatic events on the behaviour of the
witness;
•Current or previous contact with public services (including previous
contact with the police, the local authority adult services or health
professionals); and
•Any relevant information or intelligence known.
Race, Gender, Culture and Ethnic Background
2.106 The witness’s race, gender, culture, ethnicity and first language should be
given due consideration by the interviewing team. They have a
responsibility to be informed about and take into account the needs and
expectations of witnesses from the specific minority groups in their local
area. The interviewing team’s knowledge of the witness’s religion, culture,
customs and beliefs may have a bearing on their understanding of any
account given by the witness, including the language and allusions the
witness may make, for example, to reward and punishment.
2.107 The interviewing team needs to bear in mind that some families may have
experienced discrimination and/or oppression through their contact with
government agencies and local authorities. Their experiences of racism, for
example, may result in them distrusting the professionals involved in an
investigative interview. Asylum-seeking witnesses and refugees may have a
fear of disclosing abuse because of what may happen to them and their
family.
2.108 It is also important that the interviewing team considers the complexities
of multiple discrimination, for example in the case of a witness from
a minority ethnic community who has a disability, and of individuals’
experiences of discrimination. The specific needs and experiences of dual-
heritage witnesses must also be taken into account.
2.109 Some possible relevant considerations include the following, although this
list is in no way intended to be exhaustive:
•Customs or beliefs that could hinder the witness from participating in an
interview on certain days (e.g. holy days) or may otherwise affect the
witness’s participation (e.g. when fasting);
•The relationship to authority figures within different minority ethnic
groups; for example, witnesses from some cultures may be expected to
show respect to authority figures by not referring to them by their first
names, and by not correcting or contradicting them;
•The manner in which love and affection are demonstrated;
•The degree to which extended family members are involved in caring
for the witness;
•The degree of emphasis placed on learning skills in independence and
self-care; and
•Issues of shame; for example, carers in some cultures may inhibit the
witness from talking about a sexual assault for fear of shaming the
family.
2.110 A witness should be interviewed in the language of their choice. If a
witness is bilingual, then this may require the use of an interpreter. The
interpreter should be from the National Register of Public Service
Interpreters to ensure that they are competent and subject to the ethical
standards needed for a fair trial. Interpreters from the local community
should not be used in cases where doing so might put victims at increased
risk, for example, instances of honour-based violence.
2.112 It is important for interviewers to consider these matters in relation to each
individual witness, rather than work from assumptions based on stereotypes.
Being sensitive to such factors should contribute towards a safe and non-
judgemental interview environment for the witness. It is essential that the
interview process itself does not reinforce any aspects of discriminatory or
abusive experiences for the witness.
Witnesses with a Significant Impairment of Intelligence and Social Functioning
(Learning Disability)
2.113 Some people with learning disabilities can be isolated and distanced from
other communities, congregated together, dependent on others (learned
helplessness) and waiting for ‘permission’ to do anything. Interviewers
should try to establish what impact this kind of situation may have had on
the witness and take it into account when planning the interview, preparing
the witness for the interview and conducting the interview. It is essential
that every possible effort is made to encourage the witness’s active
participation in the interview process and to ensure that they know that
their contribution is valued, whatever the outcome.
2.114 It is not possible to provide advice in this document covering every form of
learning disability because there are over 200 of them. Autistic spectrum
disorder (autism) and Down’s syndrome are simply highlighted in this
section as examples. When planning and conducting interviews, it should be
remembered that there will be significant variation in the abilities of
individuals with autism or Down’s syndrome, or with learning disabilities
more generally; each witness is an individual and should be treated as such.
2.115 When interviewing witnesses with autism, best practice suggests that
being aware of the following may be helpful:
•The interviewer should try to be calm, controlled and non-expressive;
•The witness may be frightened of emotion or shouting;
•The witness may be fearful of unfamiliar stimuli, including noise, colour
and unknown people;
•The witness may not like people to come too close to them;
•The witness may not like to make direct eye contact;
•The witness may prefer a consistent and stable environment. For
example, if there is more than one interview, they should be carried out
in the same place, with the same people in the same positions within the
room. This would also apply to the courtroom situation if they have to
appear on more than one day.
2.116 Witnesses with Down’s syndrome and many other people with learning
disabilities might:
•Be disturbed and become anxious if there is shouting or aggression,
especially if they are questioned by unknown people, particularly
authority figures; and
•Be affected by noise. If they have a significant hearing loss they may, for
example, confuse similar sounding words (this has particular relevance in
responses to questions regarding when, where, what, why and who).
2.117 All witnesses with learning disabilities are eligible for an intermediary
where the use of an intermediary would maximise the quality of their
evidence. Communication is naturally ambiguous and often depends on
tone, gesture and body language as well as words. This is also the case for
witnesses with learning disabilities, who may use a combination of single
words, signs and gestures. It will be important to ascertain any differences
in their use of language, and to identify a person who knows how the
witness communicates (such as a parent, carer, adult social care social
worker or speech and language therapist) to facilitate the identification of
an intermediary with the appropriate skills prior to the interview.
2.118 There is also the possibility of additional physical disabilities, which might
contribute to intellectual impairment and add to the difficulty of giving
evidence.
2.119 Elderly witnesses may also have cognitive impairments (e.g. as a result of
dementia). They may require the support of Special Measures in order to
be able to give full and reliable testimony.
Witnesses with a Physical Disability
2.120 A physical disability may cause additional health problems. Witnesses who
have associated health or mobility difficulties may benefit if their interviews
are spaced out, with periods for rest and refreshment. Planning should allow
for the extra time necessary. Physically disabled witnesses may need a carer
on hand to give assistance with toileting, medication and drinks. Access
requirements may also need additional planning. Where the witness has
speech and/or hearing losses, this may require the use of an intermediary.
Witnesses with a Mental Disorder
2.121 Where there is a major concern about the mental health of a witness or
information that suggests mental disorder, consent for an early psychiatric
assessment might be sought to establish whether the witness is able
to give a reliable account of events. Under the Criminal Procedure and
Investigations Act 1996, any report might have to be disclosed to the
defence prior to the trial as unused prosecution material.
2.122 It might also be helpful to ask the witness if they are in contact with a
professional such as a doctor, adult social care social worker, community
psychiatric nurse or legal representative who might be able to assist them.
In some cases it may be clear either from the location of the witness
(e.g. hospital) or from other information volunteered by the witness, or by
one of the professionals known to the witness, that they have a mental
disorder.
