Victims & Witnesses Support Unit
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Cross-examining children and vulnerable people – A radical change – YCLA Masterclass series Part 2 v.2
SUPPORT AND CARE FOR VICTIMS AND WITNESSES
The ODPP (working together with other criminal justice stakeholders) is committed to ensure that victims and witnesses receive the support and care they need while they are interacting with the criminal justice system. The support and care include measures that enable the Victims and Witness interests and well-being to be recognised, respected and taken into account before, during and after their testimony in the criminal case in which they are involved, and if victims, whether or not they testified.
Vulnerable Witnesses
Vulnerable witnesses are persons such as children, victims of sexual offences and domestic violence, mentally and physically challenged persons who are victims of offences against their persons, and such other persons (whether witnesses and or victims) who should need measures to ensure they give their best evidence, or who would otherwise be in need of some assistance to enable them effectively participate as witnesses in the trial of case.
When dealing with vulnerable witnesses, the court may make special arrangements to counteract any undue difficulties when giving evidence. The Court may do this in the following ways:
- Restricting contact with the defendant or members of the public while you give your evidence.
- Allowing a support person to be in the courtroom when you give your evidence.
- Removing members of the public from the courtroom while you give your evidence.
If you are a victim of certain types of crimes, legislation may stop people publishing your name or identifying you. If you would like advice about whether this applies to you, please discuss this with your prosecutor. If you are fearful you must also speak to your prosecutor ahead of the hearing date. Depending on your circumstances and the type of case you’re involved in, the court may make other special arrangements upon the application of the prosecutor.
Victim and Witness Support Unit (VWSU)
The TCI criminal justice system is now sensitive to, and gives priority attention to the interests of victims and witnesses, while continuing to secure and preserve the rights of the defendants. To this end, the VWSU is being established at the ODPP under the auspices of the Criminal Justice Stakeholders Group (CJSG). The Unit will primarily be staffed by the Victim and Witness Support Officers (VWSO) stationed in Providenciales and Grand Turk to attend to victims and witnesses coming into contact with all the Courts in the Islands. The ODPP Director of Business Operations will have operational oversight of the VWSU and its Officers. The VWSU will be fully operational in the 2022/23 Financial Year following its formal launch in the course of 2022/23 Financial Year.
How will the VWSU support and care for Victims and Witness:
- In summary, the responsibilities of VWSU and its Officers would involve interaction with victims and witnesses on hands-on basis, providing timely information to victims and witnesses on:
(a) Court processes and procedures (including any Special Measures Orders under the Vulnerable Witnesses and Sexual Offences Ordinances);
(b) Court schedules/dates; reminders, either in person or through other communication channel, including brochures.
- Specifically, they will carry out the following responsibilities:
- Interview victims and witnesses and other persons or groups closely associated with victims and witnesses such as families, school personnel, employers or neighbours to assess service needs;
- Conduct a Needs Assessment for victims and witnesses in cases going to trial to ensure that they can give their best evidence;
- Arrange crisis and psychological counselling (through relevant professionals) and direct advocacy services to victims and witnesses by advocating for their rights and expressing their feelings and needs to prosecutors, judicial officials, the Police or other relevant Law Enforcement Agency(LEA) concerned with the case
- Acts as liaison between victims, witnesses and prosecutors, law enforcement, Prisons, medical, social workers and court personnel to convey information and assist in resolving problems related to hostile or unwilling witnesses, specific treatment plans for offenders, violations of no contact orders, and court security;
- Educates victims and witnesses and their families about the Criminal Justice system that pertain to their situation;
- Refers victims and witnesses and their families to various community resources by assessing needs, locating appropriate options and proposing available choices to victims and witnesses so that early and on-going needs are addressed and the effects of victimization are minimized;
- Monitors the progress of each assigned case by attending hearings and trials and consulting with prosecutors and police to ensure that the victim and witness interests and rights are recognized and protected.
Where applicable and required, to arrange for safe house, courthouse waiting areas, transportation and lodging for victims and witnesses as needed.
