Vulnerable Adult and Child Witnesses

Overview


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 case studies with examples outlining potential pitfalls during the investigation and possible solutions. It covers key topics such as identifying vulnerable witnesses, protection of vulnerable witnesses throughout the criminal...
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Overview


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 case studies with examples outlining potential pitfalls during the investigation and possible solutions. It 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 the area 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 and procedure from a police officer's perspective.

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Product Details

Meet the Author

Kevin Smith

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.

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Table of Contents

Abbreviations xii

1 Identifying Vulnerable and Intimidated Witnesses 1

1.1 Introduction 2

1.2 Background 2

1.3 Witnesses 4

1.4 Problems with Identification 9

1.5 Chapter Summary 10

2 Initial Action 13

2.1 Introduction 14

2.2 Legislative Frameworks for the Immediate Protection of Children: Police Protection 14

2.3 Non-LegLsIative Frameworks for the Protection of Vulnerable Adults 16

2.4 Extent and Potential Consequences of Pre-Interview Contact 19

2.5 Chapter Summary 19

3 Offences Commonly Experienced by Vulnerable Witnesses 23

3.1 Introduction 24

3.2 Sexual Offences 24

3.3 Sexual Offences: Interpretations and Consent 24

3.4 Sexual Offences: General 25

3.5 Sexual Offences: Committed Against Children Under 13 26

3.6 Child Sex Offences 27

3.7 Abuse of a Position of Trust 29

3.8 Familial Child Sex Offences 30

3.9 Abuse of Children through Prostitution and Pornography 31

3.10 Indecent Photographs or Pseudo-Photographs of Children 32

3.11 Sexual Offences Against People with a Mental Disorder Impeding Choice 33

3.12 Inducements, etc to People with a Mental Disorder 34

3.13 Sexual Offences Committed by Care Workers Against People with a Mental Disorder 35

3.14 Violent Offences (Including Cruelty) 37

3.15 Offences of Cruelty and Neglect 39

3.16 Chapter Summary 39

4 Human Trafficking 43

4.1 Introduction 44

4.2 How Does Trafficking Occur? 44

4.3 The Palermo Protocol 45

4.4 The Sexual Offences Act 2003 46

4.5 Migrant Smuggling 47

4.6 How Are Trafficked People Controlled? 48

4.7 Chapter Summary 49

5 Multi-Agency Working 53

5.1 Introduction 54

5.2 Joint Working 54

5.3 Child Protection Cases 55

5.4Vulnerable Adult Abuse 56

5.5 Chapter Summary 59

6 Special Measures 63

6.1 Introduction 64

6.2 Special Measures 65

6.3 Access to Special Measures 68

6.4 Limits to Special Measures 71

6.5 Chapter Summary 72

7 Consent: Whose Decision is it anyway? 75

7.1 Introduction 76

7.2 Vulnerable Adults 76

7.3 Children 80

7.4 Human Rights Considerations 84

7.5 Chapter Summary 86

8 Competence and Compellability 89

8.1 Introduction 90

8.2 Compellability 90

8.3 Competence 92

8.4 Chapter Summary 93

9 Medical Examinations 97

9.1 Introduction 98

9.2 Why Is a Medical Examination Necessary? 98

9.3 When Should a Person Be Medically Examined? 98

9.4 Where Should a Medical Examination Take Place? 99

9.5 Where and by Whom Should a Person Be Seen? 99

9.6 The Need for Consent 100

9.7 The Legal Situation in Relation to Children 100

9.8 Chapter Summary 103

10 Witness Interview Strategies 107

10.1 Introduction 108

10.2 Components of a Witness interview Strategy 108

10.3 Chapter Summary 117

11 Planning and Preparing for Interviews 121

11.1 Introduction 122

11.2 Information Needed to Plan an Interview 122

11.3 Information About the Witness 122

11.4 Information About the Alleged Offence(s) 124

11.5 Investigatively Important Information 124

11.6 Decision-Making 126

11.7 Use of Planning Information 127

11.8 Objectives 128

11.9 Techniques 128

11.10 Personnel 129

11.11 Support 130

11.12 Location 136

11.13 Timing 136

11.14 Duration 137

11.15 Preparation of the Witness and Their Carets for an Interview 138

11.16 Chapter Summary 140

12 Conducting Interviews 143

12.1 Introduction 144

12.2 Rapport 144

12.3 Free Narrative Account 147

12.4 Questioning 148

12.5 Closing the Interview 151

12.6 Evaluation 151

12.7 Chaptet Summary 152

13 Storage and Retention of Recordings 155

13.1 Introduction 156

13.2 Documentation 156

13.3 Access to Recordings 158

13.4 Retention and Disposal of Recordings 159

13.5 Digital or Analogue Recording Systems? 159

13.6 Chapter Summary 160

14 Ongoing Protection Orders 163

14.1 Introduction 164

14.2 The Children Act 1989: Care Orders 164

14.3 Child Assessment Orders 167

14.4 No Order Principle 167

14.5 Wardship 167

14.6 Chapter Summary 167

15 Witness Intimidation 171

15.1 Introduction 172

15.2 Witness Intimidation 172

15.3 Witness Protection 173

15.4 The Multi-Agency Witness Mobility Scheme 173

15.5 Chapter Summary 174

16 Pre-Trial Therapy 177

16.1 Introduction 178

16.2 Pre-Interview Therapy 178

16.3 Pre-Trial Therapy 178

16.4 Pre-Court Preparation 180

16.5 Chapter Summary 180

17 What's on the Horizon? 185

17.1 Introduction 186

17.2 Section 137 of the Criminal Justice Act 2003 186

17.3 The Mental Capacity Act 2005 187

17.4 Chapter Summary 188

Appendices 191

A Youth Justice and Criminal Evidence Act 1999, Part ii. Chapters 1-V 191

B Mental Capacity Act 2005, Part I, Sections 1 -8 227

References 229

Index 229

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