Vulnerable Adult and Child Witnesses

The treatment of vulnerable witnesses is an area which has seen great change over the past 20 years. The 1989 Pigot report made a variety of recommendations and suggestions for improvement and this marked the early stages of this process of change.This book is designed to be an invaluable, practical source of help to all those working in the complex area of vulnerable witnesses. It is structured to follow the chronology of an investigation from the first steps of identifying a vulnerable witness through to trial and includes helpful casestudies with examples outlining potential pitfalls during the investigation and possible solutions. The book covers key topics such as identifying vulnerable witnesses, protection of vulnerable witnesses throughout the criminal justice process, pre-interview contact, assessing competence,multi-agency working, interviewing and pre-trial preparation.The treatment of vulnerable witnesses by police investigators and others involved in the criminal justice system is likely to come under increased scrutiny in the future with the Victims' Code of Practice and the Witness Charter. This book considers the many changes and new documentation in thearea including the Victims and Witnesses' Commission, the revised edition of 'Achieving Best Evidence' and the Mental Capacity Act 2005, Code of Practice.This book is an essential guide and reference.The Blackstone's Practical Policing Series is a collection of highly practical, up-to-date titles covering a range of essential subjects in today's policing arena. Developed from a detailed understanding of police information needs, this series seeks to explain the relevant law, practice andprocedure from a police officer's perspective.

Kevin Smith is an experienced police officer, trainer and interview advisor. He has contributed to a number of ACPO Manuals and is author of the ACPO Guidance on Vulnerable and Significant Witnesses. He is also a member of the ACPO Steering Group for Investigative Interviewing. Steve Tilney is an experienced police officer, trainer and interview advisor. He is co-author of the current MPS training manuals for interviewing witnesses and victims. He has also authored a number of television programmes and reviews for Community Care magazine.

Abbreviations	p. xii
Identifying Vulnerable and Intimidated Witnesses	p. 1
Introduction	p. 2
Background	p. 2
Witnesses	p. 4
Problems with Identification	p. 9
Chapter Summary	p. 10
Initial Action	p. 13
Introduction	p. 14
Legislative Frameworks for the Immediate Protection of Children: Police Protection	p. 14
Non-LegLsIative Frameworks for the Protection of Vulnerable Adults	p. 16
Extent and Potential Consequences of Pre-Interview Contact	p. 19
Chapter Summary	p. 19
Offences Commonly Experienced by Vulnerable Witnesses	p. 23
Introduction	p. 24
Sexual Offences	p. 24
Sexual Offences: Interpretations and Consent	p. 24
Sexual Offences: General	p. 25
Sexual Offences: Committed Against Children Under 13	p. 26
Child Sex Offences	p. 27
Abuse of a Position of Trust	p. 29
Familial Child Sex Offences	p. 30
Abuse of Children through Prostitution and Pornography	p. 31
Indecent Photographs or Pseudo-Photographs of Children	p. 32
Sexual Offences Against People with a Mental Disorder Impeding Choice	p. 33
Inducements, etc to People with a Mental Disorder	p. 34
Sexual Offences Committed by Care Workers Against People with a Mental Disorder	p. 35
Violent Offences (Including Cruelty)	p. 37
Offences of Cruelty and Neglect	p. 39
Chapter Summary	p. 39
Human Trafficking	p. 43
Introduction	p. 44
How Does Trafficking Occur?	p. 44
The Palermo Protocol	p. 45
The Sexual Offences Act 2003	p. 46
Migrant Smuggling	p. 47
How Are Trafficked People Controlled?	p. 48
Chapter Summary	p. 49
Multi-Agency Working	p. 53
Introduction	p. 54
Joint Working	p. 54
Child Protection Cases	p. 55
Vulnerable Adult Abuse	p. 56
Chapter Summary	p. 59
Special Measures	p. 63
Introduction	p. 64
Special Measures	p. 65
Access to Special Measures	p. 68
Limits to Special Measures	p. 71
Chapter Summary	p. 72
Consent: Whose Decision is it anyway?	p. 75
Introduction	p. 76
Vulnerable Adults	p. 76
Children	p. 80
Human Rights Considerations	p. 84
Chapter Summary	p. 86
Competence and Compellability	p. 89
Introduction	p. 90
Compellability	p. 90
Competence	p. 92
Chapter Summary	p. 93
Medical Examinations	p. 97
Introduction	p. 98
Why Is a Medical Examination Necessary?	p. 98
When Should a Person Be Medically Examined?	p. 98
Where Should a Medical Examination Take Place?	p. 99
Where and by Whom Should a Person Be Seen?	p. 99
The Need for Consent	p. 100
The Legal Situation in Relation to Children	p. 100
Chapter Summary	p. 103
Witness Interview Strategies	p. 107
Introduction	p. 108
Components of a Witness interview Strategy	p. 108
Chapter Summary	p. 117
Planning and Preparing for Interviews	p. 121
Introduction	p. 122
Information Needed to Plan an Interview	p. 122
Information About the Witness	p. 122
Information About the Alleged Offence(s)	p. 124
Investigatively Important Information	p. 124
Decision-Making	p. 126
Use of Planning Information	p. 127
Objectives	p. 128
Techniques	p. 128
Personnel	p. 129
Support	p. 130
Location	p. 136
Timing	p. 136
Duration	p. 137
Preparation of the Witness and Their Carets for an Interview	p. 138
Chapter Summary	p. 140
Conducting Interviews	p. 143
Introduction	p. 144
Rapport	p. 144
Free Narrative Account	p. 147
Questioning	p. 148
Closing the Interview	p. 151
Evaluation	p. 151
Chaptet Summary	p. 152
Storage and Retention of Recordings	p. 155
Introduction	p. 156
Documentation	p. 156
Access to Recordings	p. 158
Retention and Disposal of Recordings	p. 159
Digital or Analogue Recording Systems?	p. 159
Chapter Summary	p. 160
Ongoing Protection Orders	p. 163
Introduction	p. 164
The Children Act 1989: Care Orders	p. 164
Child Assessment Orders	p. 167
No Order Principle	p. 167
Wardship	p. 167
Chapter Summary	p. 167
Witness Intimidation	p. 171
Introduction	p. 172
Witness Intimidation	p. 172
Witness Protection	p. 173
The Multi-Agency Witness Mobility Scheme	p. 173
Chapter Summary	p. 174
Pre-Trial Therapy	p. 177
Introduction	p. 178
Pre-Interview Therapy	p. 178
Pre-Trial Therapy	p. 178
Pre-Court Preparation	p. 180
Chapter Summary	p. 180
What's on the Horizon?	p. 185
Introduction	p. 186
Section 137 of the Criminal Justice Act 2003	p. 186
The Mental Capacity Act 2005	p. 187
Chapter Summary	p. 188
Appendices	p. 191
Youth Justice and Criminal Evidence Act 1999, Part ii. Chapters 1-V	p. 191
Mental Capacity Act 2005, Part I, Sections 1 -8	p. 227
References	p. 229
Index	p. 229
Table of Contents provided by Ingram. All Rights Reserved.

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Vulnerable Adult and Child Witnesses

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