Special measures
How to read the stories

Special measures

Special measures are provided by law to help vulnerable and intimidated witnesses give their best evidence in court.

People who are considered to be vulnerable witnesses are those:

under 18 years
with a mental disorder or learning and developmental disabilities
with a physical disorder
with a physical disability (this includes deafness).

People who are frightened or distressed about giving their evidence are called intimidated witnesses.

If the court will not allow the use of a special measure, it must explain why.

Special measures are:

Intermediary: If the witness does not understand a question, the intermediary can ask for the question to be made simpler. If the witness’s answers are hard to understand, the intermediary tells the court what the witness said. If the witness needs a break, the intermediary asks the court. Intermediaries are independent and do not ask their own questions or put forward their own views in court. They are not police, lawyers, appropriate adults or supporters. Their duty is to the court.

Live television link: The witness can sit in a private room away from the courtroom and give their evidence (tell their story) and answer questions through a live television link to the courtroom. The witness will be able to see and hear the person speaking in the courtroom and those in the courtroom can see and hear the witness on a television screen. The court usher sits with the witness in the television link room. The intermediary and/or a supporter may sit with the witness as well.

Video-recorded interview: When the witness tells the police what they know, a video is recorded. The video will be shown in the courtroom at the time of the trial. The video can be used as the first part of the witness’s evidence in court. If some things are not clear in the video, the lawyers can ask the witness questions. A television link might be used for this.

Taking wigs off: The judge and lawyers can be asked to take off their wigs and gowns. Some witnesses prefer to see these people without the wigs and gowns. Other witnesses want them to keep them on. Screens can be placed around the witness box. This way the witness does not see, and cannot be seen by, the person who is accused of doing the crime.

Evidence in private: The court can be cleared of most people, but legal representatives and some other people must be allowed to stay.

How to read the stories

There is no right or wrong way to read the stories.

Some people are not used to reading stories. Start at the beginning and read the story in each picture. Encourage the reader to move through the pages at their own pace.
Encourage the person to tell the story in their own words. You will discover what they think is happening, what they already know, and how they feel. If you are using the pictures to help explain a procedure to someone, you may need to describe or clarify the actions being shown in each picture to help them understand. Try not to challenge the reader(s) or suggest their ideas are wrong.
Some pictures may be more difficult to understand. It can help to prompt the people you are supporting, for example:
• Who do you think that is?
• What is happening?
• How is he or she feeling?
• Do you feel like that? Has it happened to you/ your friend/ your family?
Allow people enough time to follow the pictures at their own pace. Allow time for discussion of each picture.
Some people may benefit from reading the larger story from which the extract has been taken. This will allow them to explore their feelings and experiences in more depth. To buy the complete book, follow the link to the bookshop that appears at the end of the story.