©ISU/LCC

Witness Support, Preparation & Profiling.Witness Support, Preparation & Profiling.

Mark Pathak – Social Worker

(Citysafe Strategy Business Unit, Liverpool City Council)

ISU/LCC

The InvestigationsThe InvestigationsSupport UnitSupport Unit

Principal areas of activity.Principal areas of activity. Admin Support and Legal liaison.Admin Support and Legal liaison.

Managing Managing “Consolidated List/RTC” “Consolidated List/RTC” notifications.notifications.

Risk assessment and information Risk assessment and information management – sexually exploited young management – sexually exploited young people.people.

Witness Support, Preparation and Witness Support, Preparation and Profiling offered to vulnerable witness.Profiling offered to vulnerable witness.

©ISU/LCC

The Liverpool ExperienceMy Starting Point: True experiences.True experiences. 1996 and Operation Care.1996 and Operation Care. My secondment.My secondment. Witness Support from Operation Care.Witness Support from Operation Care.

The National Picture: ““Barriers to Justice” (November 1997).Barriers to Justice” (November 1997). ““Speaking Up For Justice Agenda”.Speaking Up For Justice Agenda”. ““Youth Justice and Criminal Evidence Act (1999)”. Youth Justice and Criminal Evidence Act (1999)”. ““No Secrets” – Adult Protection.No Secrets” – Adult Protection.

The Liverpool Picture: In first 18 trials, Measures to Assist granted by In first 18 trials, Measures to Assist granted by

judicial discretion.judicial discretion. Tri-partite Protocol (CPS-Police-ISU) & Crown Ct Tri-partite Protocol (CPS-Police-ISU) & Crown Ct

Protocol.Protocol.

“ “Barriers to Justice”Barriers to Justice” (Mencap, November 1997) (Mencap, November 1997)

1. Crimes are committed but never reported:1. Crimes are committed but never reported: Do not consider action as a crime.Do not consider action as a crime. Tell a figure of authority who take it no further.Tell a figure of authority who take it no further.

2. Once at the Police station: 2. Once at the Police station: Police OfficersPolice Officers said… said… Only 35% have had any training about intellectualOnly 35% have had any training about intellectual

disability. (Only 26% of these thought it was any good).disability. (Only 26% of these thought it was any good). 71% said the training they had received was not helpful.71% said the training they had received was not helpful.

3. To prosecute or not to prosecute?: 3. To prosecute or not to prosecute?: Every year there are 1400 cases of sexual abuse against Every year there are 1400 cases of sexual abuse against

people with intellectual disabilities.people with intellectual disabilities. Of 248 cases, only 63 investigated, 2 went to court (less Of 248 cases, only 63 investigated, 2 went to court (less

than 1%), with only 1 conviction (than 1%), with only 1 conviction (½½%) %) CPS rely on the police to assess a persons abilities.CPS rely on the police to assess a persons abilities.

4.See you in court: 4.See you in court: BarristersBarristers said… said… 96% did not receive initial training on intellectual 96% did not receive initial training on intellectual

disabilities and only 8% had received such training since disabilities and only 8% had received such training since qualifying at the bar.qualifying at the bar.

90% saw the benefits of court preparation prior to trial.90% saw the benefits of court preparation prior to trial. 76% thought they could be reliable witnesses.76% thought they could be reliable witnesses.

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Special Measures.Special Measures. (Youth Justice and Criminal Evidence Act 1999)(Youth Justice and Criminal Evidence Act 1999)

Screening witness from the accused.Screening witness from the accused.

Evidence by live link.Evidence by live link.

Evidence in private (court cleared).Evidence in private (court cleared).

Removal of wigs.Removal of wigs.

Video recorded evidence-in-chief.Video recorded evidence-in-chief.

Aids to communication.Aids to communication.

Video recorded cross-examination or re-Video recorded cross-examination or re-examination (Not commenced as yet).examination (Not commenced as yet).

Examination of witness through an Examination of witness through an intermediary.intermediary.

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Why few trials nationally?Why few trials nationally?On a personal level:-On a personal level:- ““They always tell lies”They always tell lies” ““They make things up”They make things up” ““Abuse does not really hurt them”Abuse does not really hurt them”

At a service/staff level:-At a service/staff level:- ““Our staff are not trained or are not specialist Our staff are not trained or are not specialist

interviewers”interviewers” ““This is best dealt with on an in-house basis”This is best dealt with on an in-house basis” ““It will be too hard to get the case to court”It will be too hard to get the case to court”

At a trial level:-At a trial level:- ““The experience will be far too damaging”The experience will be far too damaging” ““They will change their story”They will change their story” ““The Barristers and Judges don’t really The Barristers and Judges don’t really

understand the issues”understand the issues” ““You can get them to say anything”You can get them to say anything”

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““Michael”Michael”

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““Michael”Michael”

““Well everybody was getting Well everybody was getting abused left right and centre. abused left right and centre. Half the lads were getting Half the lads were getting battered. I was getting battered. I was getting battered as well. I got damage battered as well. I got damage at the back end, front end, the at the back end, front end, the mouth as well. I got really I got mouth as well. I got really I got damage all over my body. Half damage all over my body. Half the time I could not sit down”.the time I could not sit down”.©ISU/LCC

““Michael”Michael”

““I told people in the past I told people in the past and nobody would listen to and nobody would listen to me so I said I might as well me so I said I might as well forget about it because forget about it because nobody was going to listen. nobody was going to listen. Right, if you would have Right, if you would have told anybody you would told anybody you would have got a good hiding”.have got a good hiding”.

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What were the Barriers in Liverpool?What were the Barriers in Liverpool?

Basis of police decision making:-Basis of police decision making:-StereotypesStereotypes

HomogeneityHomogeneity

Protective stanceProtective stance

Basis of Crown Prosecution Service decision Basis of Crown Prosecution Service decision

making:-making:-StereotypesStereotypes

HomogeneityHomogeneity

Protective stanceProtective stance

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Support and Preparation Support and Preparation of Witness.of Witness.

WhatWhat

information,information,

understanding,understanding,

skillsskills

does a witness need to learn or develop?does a witness need to learn or develop?

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informationinformation

Who is going to be there?................Who is going to be there?................ Who does what?Who does what? When is the date?When is the date? What is the name of the Judge? The What is the name of the Judge? The

Barrister?Barrister? What does the court room look like?What does the court room look like? How should I behave in court?How should I behave in court? What are the procedures in court?....What are the procedures in court?....

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What are the procedures in court?....What are the procedures in court?.... Telling the truth.Telling the truth. Taking the oath.Taking the oath. Giving your evidence.Giving your evidence. Cross-examination.Cross-examination. Leading questions vs. open questions. Leading questions vs. open questions.

(Prosecution vs. defence)(Prosecution vs. defence) Getting stuck. Getting stuck. What if you do not understand a question?What if you do not understand a question? Asking for a break. Asking for a break. Acquiescence.Acquiescence. Confabulation.Confabulation. Getting upset. Getting upset. My support.My support. Special Measures.Special Measures. Witness Profile. Witness Profile.

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Understanding.Understanding. (correcting misconceptions)(correcting misconceptions)

It’s like TV.It’s like TV. I’ve given my statement, why do I need I’ve given my statement, why do I need

to go to court? to go to court? Can’t you read out my statement?Can’t you read out my statement? I have to say it out loud!!I have to say it out loud!! I will sit across the table from the I will sit across the table from the

defendant.defendant. The defendant will be able to talk to me.The defendant will be able to talk to me.

The process is slow, the CJS is slow.The process is slow, the CJS is slow. It’s like a jigsaw.It’s like a jigsaw. It will be hard.It will be hard.

Skills.Skills.PLD are not used to PLD are not used to

questioning staff. Staff have all questioning staff. Staff have all the power.the power.

““I don’t know” versus “I don’t I don’t know” versus “I don’t understand”.understand”.

Saying “I want a break”.Saying “I want a break”.

Coping with pressure.Coping with pressure.

Support Support and and Preparation Preparation ofof Witness. Witness.Covers a range of Covers a range of informationinformation,, understandingunderstanding and and skillsskills that a witness needs to absorb.that a witness needs to absorb.

Varies from witness to witness. But we have devised some Varies from witness to witness. But we have devised some rules of thumb:rules of thumb:

Witness with intellectual disabilities need to know Witness with intellectual disabilities need to know what to expect in court and what is going to what to expect in court and what is going to happen to them.happen to them.

Witnesses with intellectual disabilities learn best Witnesses with intellectual disabilities learn best when they need to learn and when it is learnt in when they need to learn and when it is learnt in the place where the learning and knowledge will the place where the learning and knowledge will be used.be used.

Witnesses with intellectual disabilities absorb and Witnesses with intellectual disabilities absorb and internalise information best when it is offered and internalise information best when it is offered and taught by credible professionals.taught by credible professionals.

Witnesses with intellectual disabilities have lives Witnesses with intellectual disabilities have lives alongside and beyond their court preparation and alongside and beyond their court preparation and appearance in court.appearance in court.

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Other Players and their RolesOther Players and their Roles

1. 1. Police Officers.Police Officers.

2.2. C.P.S. lawyers.C.P.S. lawyers.

3.3. Social Workers.Social Workers.

4.4. Carers / Support workers.Carers / Support workers.

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Witness PreparationWitness Preparation

The WitnessThe Witness

No coachingNo coaching

Explaining the processExplaining the process

Assessment Assessment as a witnessas a witness

Identifying and reducing Identifying and reducing obstacles.obstacles.

The SystemThe System

Statement/evidence issuesStatement/evidence issues

Stereotypes and Stereotypes and homogeneityhomogeneity

““This witness in this trial”This witness in this trial”

Special Measures Special Measures application and orders at application and orders at PCMH.PCMH.

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How do Witness Profiles help…How do Witness Profiles help…

……people with Intellectual Disabilities?people with Intellectual Disabilities?

““The judge does know I can’t The judge does know I can’t read?”read?”

““I can have a break can’t I?”I can have a break can’t I?”

““It will be okay if I cry won’t it?”It will be okay if I cry won’t it?”

““You will sit next to me won’t You will sit next to me won’t you?”you?”

……people in the Criminal Justice people in the Criminal Justice System?System?

Police:-Police:-““What if they clam up”What if they clam up”

C.P.S:-C.P.S:-““Will they make a good Will they make a good

witness?”witness?”

Barristers:-Barristers:-““Will they give Best Evidence?”Will they give Best Evidence?”

Judges:-Judges:-““Will this allow a fair trial?”Will this allow a fair trial?”

The Witness ProfileThe Witness Profile1.1. Introduction Introduction 2.2. Special Measures Special Measures

(As Under The Youth Justice & Criminal Evidence Act 1999)(As Under The Youth Justice & Criminal Evidence Act 1999)

3.3. Measures to assist Measures to assist 4.4. Medical needs Medical needs 5.5. Appearance and Personality Appearance and Personality 6.6. General functional skills General functional skills 7. Comprehension 7. Comprehension 8.8. Concentration Concentration 9.9. Communication Communication 10.10. Vocabulary Vocabulary11.11. Advice to Counsel: Advice to Counsel: (i)(i) When asking questionsWhen asking questions

(ii)(ii) When questions are answeredWhen questions are answered12.12. Conclusion. Conclusion.

““Paul”Paul” Measures to assistMeasures to assist• • Paul is likely to need breaks every 20 minutes, in Paul is likely to need breaks every 20 minutes, in

order to use the lavatory. order to use the lavatory.

• • There are times when other people find it difficult There are times when other people find it difficult to understand what Paul has said. Paul to understand what Paul has said. Paul understands that he alone can give his evidence. understands that he alone can give his evidence. However if there are words which are unclear, I However if there are words which are unclear, I would be prepared to repeat them, for would be prepared to repeat them, for clarification, if so directed by the court.clarification, if so directed by the court.

General Functional SkillsGeneral Functional Skills• • Paul presents himself as a "streetwise" and able Paul presents himself as a "streetwise" and able

man, possessing a range of skills. In reality many man, possessing a range of skills. In reality many of these skills are superficial. His verbal skills are of these skills are superficial. His verbal skills are not matched by his performance skills.not matched by his performance skills.

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““Paul”Paul”

Communication Communication • • Paul swallows hard and regularly and this disrupts Paul swallows hard and regularly and this disrupts

his speech.his speech.

• • When Paul is asked to repeat what he has said, he When Paul is asked to repeat what he has said, he will do so but will reduce the complexity of the will do so but will reduce the complexity of the sentence.sentence.

• • However Paul gets annoyed if asked to repeat an However Paul gets annoyed if asked to repeat an

answer too many times because he has not been answer too many times because he has not been

understood. One way to help avoid this is to say “I understood. One way to help avoid this is to say “I

missed that Paul can you say it again?” and use a missed that Paul can you say it again?” and use a

word or words that Paul has used to prompt him.word or words that Paul has used to prompt him.

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““Paul”….cont’dPaul”….cont’d ComprehensionComprehension

• • He wants to understand what is going on He wants to understand what is going on around him and he finds it difficult to say, around him and he finds it difficult to say, “I do not understand”. He will give a “I do not understand”. He will give a totally inappropriate answer with an totally inappropriate answer with an expression of defeat on his face rather expression of defeat on his face rather than admit he does not understand. than admit he does not understand.

• • Because of this Paul needs permission to Because of this Paul needs permission to say “I don't understand” and should be say “I don't understand” and should be reminded not to guess if he does not know reminded not to guess if he does not know the answer.the answer.

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““Paul”….cont’dPaul”….cont’d Comprehension cont.Comprehension cont.•• When confused, Paul will look down and lift his When confused, Paul will look down and lift his

hands (cupping one hand with the other) to his hands (cupping one hand with the other) to his mouth and will bite the top of his thumb-nail and mouth and will bite the top of his thumb-nail and seem to be reflecting. seem to be reflecting.

•• When he is thinking, Paul sits back and shrinks When he is thinking, Paul sits back and shrinks into his chair and then crosses his arms. At this into his chair and then crosses his arms. At this point he will either answer the question or point he will either answer the question or indicate that he cannot do so.indicate that he cannot do so.

•• If he taps the side of his head, laughs and says If he taps the side of his head, laughs and says something about his brain not working properly, something about his brain not working properly, he is using this to cover up the fact that he does he is using this to cover up the fact that he does not know the answer or he is confused. In these not know the answer or he is confused. In these circumstances, offer him a break or change the circumstances, offer him a break or change the line of questioning.line of questioning.

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Application for ”measures to assist” in the trial.Application for ”measures to assist” in the trial.

Involves a thorough and detailed:-Involves a thorough and detailed:-analysisanalysis

problem solving strategiesproblem solving strategies

framework for actionframework for action

(i) identification of Measures to (i) identification of Measures to

AssistAssist(ii) identification of Special (ii) identification of Special

Measures (YJ&CEA).Measures (YJ&CEA).©ISU/LCC

Application for ”measures to assist” in the trial.Application for ”measures to assist” in the trial.

Argue why they are needed compared Argue why they are needed compared

to "I'll apply because you have a to "I'll apply because you have a

intellectual disability": intellectual disability":

assumptions – is the special measure assumptions – is the special measure the necessary/appropriate one?the necessary/appropriate one?

choice, choice,

check out with or ask the witness. check out with or ask the witness.

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Special Measures orSpecial Measures orAdditional Measures to Assist?Additional Measures to Assist?

Its about a….Its about a….

Its about a:Its about a:

Person Centred Person Centred Vs.Vs. Process Centred Process Centred

Approach Approach Approach Approach

I never said I wanted I got you that …I never said I wanted I got you that …

that,that, Vs.Vs. why didn't it work? why didn't it work?

I said I wanted this!I said I wanted this!

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Closure Work?Closure Work?C.I.C.A.? Civil action?C.I.C.A.? Civil action?

It’s goodbye to Witness Services.It’s goodbye to Witness Services.

It’s goodbye to the court room.It’s goodbye to the court room.

It’s goodbye to the court building.It’s goodbye to the court building.

Some reminiscing about change.Some reminiscing about change.

It’s goodbye to Mark.It’s goodbye to Mark.

and………and………

It’s back to my life now.It’s back to my life now.

Internal “lessons learnt” review.Internal “lessons learnt” review.

(Future contact?)(Future contact?)

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So remember,So remember,It is the individual witness who shapes the profile, It is the individual witness who shapes the profile,

not vice versa.not vice versa.◊◊◊◊◊◊◊◊◊◊◊◊

The profile is used to change or affect the The profile is used to change or affect the Criminal Justice system, with particular Criminal Justice system, with particular

reference to assumptions held by it.reference to assumptions held by it.◊◊◊◊◊◊◊◊◊◊◊◊

The profile, when drafted, is a distillate of the The profile, when drafted, is a distillate of the support and preparation process, support and preparation process,

not an end to itself.not an end to itself.◊◊◊◊◊◊◊◊◊◊◊◊

The best person to produce the Witness Profile The best person to produce the Witness Profile is the person doing the preparation work.is the person doing the preparation work.

◊◊◊◊◊◊◊◊◊◊◊◊The process is a dynamic one. The profile becomes The process is a dynamic one. The profile becomes

a “live” piece of work that develops a “live” piece of work that develops as the person responds to being a witness.as the person responds to being a witness.

◊◊◊◊◊◊◊◊◊◊◊◊

©ISU/LCC

Contact details:Contact details:

Mark Pathak – Social workerMark Pathak – Social worker

Investigations Support UnitInvestigations Support Unit(CitySafe Strategy Business Unit)(CitySafe Strategy Business Unit)

Liverpool City CouncilLiverpool City Council

Tel: - 0151-233-4987Tel: - 0151-233-4987

E-mail: E-mail: mark.pathak@liverpool.gov.ukmark.pathak@liverpool.gov.uk