TY - JOUR
T1 - Giving the Vulnerable a Voice in the Criminal Justice System
T2 - The Use of Intermediaries With Individuals With Intellectual Disability
AU - Hepner, Ilana
AU - Woodward, Mary N.
AU - Stewart, Jeanette
PY - 2015/5/4
Y1 - 2015/5/4
N2 - People with intellectual disability (ID) are significantly over-represented at all levels of the criminal justice system. Disability in intellectual or adaptive functioning can disadvantage their participation in legal proceedings, particularly when faced with complex questioning strategies during investigative interviews and a trial. Currently available supports, such as the provision of a support person, are welcome, but there is a need for more active measures. We draw attention to the Witness Intermediary Scheme in England and Wales, whereby Registered Intermediaries serve to ensure that communication with vulnerable witnesses is as “complete, accurate and coherent as possible.” After briefly outlining this scheme, we explore the currently available supports for individuals with ID involved in the Australian criminal justice system. We then argue that the implementation of such a scheme within Australian jurisdictions is necessary to facilitate vulnerable witnesses' access to justice.
AB - People with intellectual disability (ID) are significantly over-represented at all levels of the criminal justice system. Disability in intellectual or adaptive functioning can disadvantage their participation in legal proceedings, particularly when faced with complex questioning strategies during investigative interviews and a trial. Currently available supports, such as the provision of a support person, are welcome, but there is a need for more active measures. We draw attention to the Witness Intermediary Scheme in England and Wales, whereby Registered Intermediaries serve to ensure that communication with vulnerable witnesses is as “complete, accurate and coherent as possible.” After briefly outlining this scheme, we explore the currently available supports for individuals with ID involved in the Australian criminal justice system. We then argue that the implementation of such a scheme within Australian jurisdictions is necessary to facilitate vulnerable witnesses' access to justice.
KW - access to justice
KW - criminal justice system
KW - intellectual disability
KW - registered intermediary
KW - vulnerable witness
UR - http://www.scopus.com/inward/record.url?scp=84930182905&partnerID=8YFLogxK
U2 - 10.1080/13218719.2014.960032
DO - 10.1080/13218719.2014.960032
M3 - Article
AN - SCOPUS:84930182905
SN - 1321-8719
VL - 22
SP - 453
EP - 464
JO - Psychiatry, Psychology and Law
JF - Psychiatry, Psychology and Law
IS - 3
ER -