Therapeutic help for Child, Vulnerable Adult and Intimidated
Witnesses
3.133 A child, vulnerable adult or intimidated witness may be judged by the
investigating team, and/or by those professionals responsible for their
welfare, to require therapeutic help prior to giving evidence in criminal
proceedings. It is important that professionals undertaking therapy with
prospective child, vulnerable adult or intimidated witness prior to a criminal
trial adhere to the official guidance: Provision of Therapy for Child
Witnesses Prior to a Criminal Trial: Practical Guidance (CPS and the
Department of Health with the Home Office, 2001) or Provision of Therapy
for Vulnerable or Intimidated Adult Witnesses Prior to a Criminal Trial:
Practical Guidance (CPS and the Department of Health with the Home
Office, 2001).
3.134 It is important to note that ‘those involved in the prosecution of an alleged
abuser have no authority to prevent a child, vulnerable adult or intimidated
witness from receiving therapy’ (paragraph 6.1 Provision of Therapy to
Child Witnesses and paragraph 11.1 Provision of Therapy to Vulnerable or
Intimidated Adult Witnesses). However, the police and the CPS must be
made aware that therapy has been proposed, is being undertaken, or has
been undertaken (paragraph 6.2 Provision of Therapy to Child Witnesses
and paragraph 11.2 Provision of Therapy to Vulnerable or Intimidated
Adult Witnesses) so that consideration can be given to whether or not the
provision of such therapy is likely to impact on the criminal case (paragraph
6.3 Provision of Therapy to Child Witnesses and paragraph 11.3 Provision
of Therapy to Vulnerable or Intimidated Adult Witnesses).
At all times the importance of not coaching the child, vulnerable adult or
intimidated witness or rehearsing them in matters of direct evidential value
must be borne in mind by the professional undertaking therapeutic work
with the witness (for further discussion about coaching see
R v Momodou and Limani [2005] EWCA Crim 177; [2005] 2 All ER
571; [2005] 2 Cr App R 6).
3.135 Consideration should be given to developing local multi-agency protocols
between the police, social services and health authority in respect of the
provision of pre-trial therapy for child, vulnerable adult and intimidated
witnesses.
Safeguarding Intimidated Witnesses
3.136 Although witnesses may be willing to report or give information about an
offence, this does not mean that they do not fear reprisals. Intimidated
witnesses may be reluctant to provide a formal statement, preferring instead
to merely tell the police about the offence they have witnessed. Some
witnesses may explicitly claim that they have been or are likely to be
intimidated, but others will not.
3.137 Some offences are more likely than others to give rise to the intimidation
of witnesses. Research has shown that sexual offences, assaults, domestic
violence, stalking (which by its nature involves repeated victimisation) and
racially motivated crimes are particularly likely to lead to intimidation.
When the witness is also the victim, the risks may increase further. It is not
only the nature of the offence, however, that may indicate the possibility of
intimidation. Investigators need to be aware of the culture and the lifestyles
of not only the witness but those who live with and around them. On some
medium- and high-density housing estates, for instance, there may be a
history of drug problems and/or anti-police feeling. A culture
of fear and silence as regards criminal behaviour may exist in these areas.
Equally, those who live in small, close-knit communities may have an
increased risk of intimidation. Extended family networks may mean that
the witness lives, shops and works near relatives and associates of the
offender.
3.138 More specific factors might give risk to actual or perceived intimidation
risks for the witness, such as the witness’s age, gender, cultural or ethnic
background. Vulnerable witnesses, particularly those with mental
impairment or ill health (paranoia or chronic anxiety, for instance) may
perceive that they are at risk. More substantive indicators of risk may
concern the nature of the relationship between the witness and the accused.
For example, it may be that the alleged perpetrator is in a position of
authority over the witness (such as a carer in a residential home), or that the
alleged perpetrator is the witness’s violent ex-partner. Interviewers need to
be aware of whether the witness has been intimidated in the past, and
whether the alleged perpetrator or their relatives and associates have a
history of intimidation and violent behaviour. The local influence of the
alleged perpetrator, whether this is in terms of their position within the
criminal fraternity or their socio-economic status, is a further issue that
requires investigation.
3.139 In some instances intimidation may occur only later in the investigative
process. If this happens, the intimidated witness should still qualify for
Special Measures.
3.140 There are a number of steps that may be taken to provide protection,
reassurance or assistance to intimidated witnesses at the interview stage. A
police visit to the witness’s home should be avoided as far as possible.
Instead, the police should consider following alternative procedures, while
leaving the choice of arrangements, within reason, to the witness.
Interviews could take place on ‘neutral ground’, such as a relative’s home
out of the locality, or the witness’s place of work, where appropriate.
3.141 Procedures that may serve to alleviate the witness’s fears when an offence
has first been reported include:
• Inviting the witness, by telephone (or, if no telephone is available, by
letter) to visit the police station to make a statement;
• Delaying the visit to the witness’s home until the next day, preferably
sending a plain clothes officer; and
• Conducting a number of house-to-house calls at adjacent properties, so
that the witness is not singled out.
3.142 It is important that the witness’s visits to the police station are planned to
avoid encounters between the witness and the suspect and their
associates.
3.143 While witnesses should be assured that their details will be kept confidential
during the investigation, investigators must be honest in letting them know
that the suspected offender is likely to find out their name (not their address)
when their statement is served on the defence after charge. Where a witness
expresses concern about the prospect of a suspected offender discovering
their identity consideration should be given to:
• The various options for action described in Working with Intimidated
Witnesses: A Manual for Police and Practitioners Responsible for
Supporting Intimidated Witnesses (Office for Criminal Justice
Reform 2006);
• Explaining the appropriate Special Measures to the witness;
• In certain specified exceptional cases, applying for an investigation
anonymity order and/or a witness anonymity order (see Sections 74 to
95 Coroners and Justice Act 2009).
3.144 Additional guidance in respect of the treatment of intimidated witnesses
is available in Working with Intimidated Witnesses: A Manual for Police
and Practitioners Responsible for Identifying and Supporting Intimidated
Witnesses (Office for Criminal Justice Reform, 2006).
Witnesses who become Suspects during the Interview
3.145 It may happen that a witness who is being interviewed comes under
suspicion of involvement in a criminal offence, perhaps by uttering a self-
incriminating statement. Any decision on an appropriate course of action in
these circumstances should involve taking into account the seriousness of
the crime admitted and weighing it against the seriousness of the crime
under investigation.
3.146 Where the priority is to obtain evidence from the person as a witness, the
interview can proceed.
3.147 If it is concluded that the evidence of the witness as suspect is highly
relevant to a particular case, the interview should be terminated and the
witness told that it is possible that they may be interviewed concerning
these matters at a later time. Care should be taken not to close the
interview abruptly in these circumstances. Instead, the witness should be
allowed to complete any statement that they wish to make.
3.148 Whether an admission by a witness in the course of an investigative
interview is admissible as evidence in criminal proceedings against them or
not depends on the context. Regardless of whether it is admissible, however,
a further interview to clarify any admission may be necessary. Any such
further interview should take place in accordance with the relevant
provisions of the Code for the Detention, Treatment and Questioning of
Persons by Police Officers (Code C of the Police and Criminal Evidence
Act 1984). The Code provides, among other matters, for the cautioning of a
suspect.
3.149 A witness who confesses to a criminal offence during the course of an
interview may ask the interviewer for some guarantee of immunity. On no
account should any such guarantee be given, however remote the prospect
of criminal proceedings against the witness might seem. If the witness is
to be interviewed in accordance with Code C of the Police and Criminal
Evidence Act 1984, they must be cautioned and the purpose of the
interview made clear.
