Vulnerable and Intimidated Witnesses and the Adversarial Process in England and Wales

Abstract

This article presents findings from recent Home Office-funded empirical research into the implementation of special measures for vulnerable and intimidated witnesses by the criminal justice agencies in England and Wales. It uses those findings to examine the argument that features of the adversarial process, such as the principle of orality, inevitably prevent vulnerable and intimidated witnesses from giving their best evidence, whatever modifications are made to accommodate them. By examining how far the criminal justice agencies have gone towards implementing special measures, and practitioners' views on the effectiveness of various measures, we shed light on the extent to which the implementation of special measures has mitigated the disadvantageous effects of the adversarial process and suggest further steps that might be taken to address the problems vulnerable and intimidated witnesses experience.