Page 50 - Rassegna 2017-4_4

STUDI GIURIDICO-PROFESSIONALI

Appendices

Appendix 1 - A.B.E. Procedura (Ministry of Justice, 2011)

Vulnerable and Intimidated Witnesses (eligible for Special Measures)

Vulnerable Witnesses

1.5 Vulnerable witnesses are defined by Section 16 of the Youth Justice and
Criminal Evidence Act 1999 (as amended by the Coroners and Justice Act
2009). Children are defined as vulnerable by reason of their age (Section
16[1]). The Act makes all children under 18 years of age, appearing as
defence or prosecution witnesses in criminal proceedings, eligible for
Special Measures to assist them to give their evidence in court.
1.6 In addition to the witness who is under the age of 18 at the time of the
hearing three other types of vulnerable witness are identified by Section
16(2) Youth Justice and Criminal Evidence Act 1999. These are:
- Witnesses who have a mental disorder as defined by the Mental Health
Act 1983 (as amended by the Mental Health Act 2007);
- Witnesses significantly impaired in relation to intelligence and social fun-
ctioning (witnesses who have a learning disability);
- Witnesses who have a physical disability.
Witnesses in this category are only eligible if quality of evidence that is
given by them is likely to be diminished by reason of the disorder or disa-
bility (Section 16[1][b]). Wherever a reference is made in the legislation to
the ‘quality of a witness’s evidence’ for the purposes of defining a witness
as vulnerable or intimidated, and in terms of access to Special Measures,
it refers to the “completeness, coherence and accuracy” of the evidence
and “coherence” refers to a witness’s ability in giving evidence to give
answers which address the questions put to the witness and can be under-
stood both individually and collectively (Section 16[5]).
1.7 The court must take account of the views of the witness in determining
whether a witness may be regarded as vulnerable by virtue of a disorder

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