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CONFRONTO METODOLOGICO TRA LE INDAGINI SCIENTIFICHE
DELL’ARMA DEI CARABINIERI E LE FORZE DI POLIZIA BRITANNICHE

or disability (Section 16[4]).
1.8 The legislation also provides that if a witness gave video recorded eviden-
ce in chief on the grounds that they were under 18 years of age but sub-
sequently turned 18, the video recording is still admissible as evidence
(Section 21[9]).
1.9 Early identification of the individual abilities as well as disabilities of each
vulnerable adult is important in order to guide subsequent planning. An
exclusive emphasis upon disability ignores the strengths and positive abi-
lities that a vulnerable individual possesses. Vulnerable witnesses may have
had social experiences that could have implications for the investigation
and any subsequent court proceedings. For example, if the vulnerable
adult has spent a long time in an institutional environment, they may have
learned to be compliant or acquiescent. However, such characteristics are
not universal and can be ameliorated through appropriate preparation and
the use of Special Measures.

Intimidated Witnesses

1.10 “Intimidated” witnesses are defined by Section 17 of the Act as those
whose quality of evidence is likely to be diminished by reason of fear or
distress. In determining whether a witness falls into this category, the
court should take account of:
- The nature and alleged circumstances of the offence;
- The age of the witness;
- Where relevant;
- The social and cultural background and ethnic origins of the witness;
- The domestic and employment circumstances of the witness;
- Any religious beliefs or political opinions of the witness;
- Any behaviour towards the witness by;
- The accused;
- Members of the accused person’s family or associates;
- Any other person who is likely to be either an accused person or a • wit-
ness in the proceedings.

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