Achieving best evidence from witnesses with learning disabilities: new guidance

Abstract

Summary The new legislation contained within the UK Youth Justice and Criminal Evidence Act 1999, which comes into force in 2001, offers ‘special measures’ to enable vulnerable witnesses to give improved evidence in court. The present paper examines these measures and considers the guidelines which have been prepared to implement the legislation. The Guidance, currently contained within a Home Office Consultation Paper, Achieving Best Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses, including Children, emphasizes the need for early identification of witnesses with learning disabilities, and offers suggestions regarding identification and the type of support which should be offered in terms of attitude, conditions, practice and language.

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