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The Protection of Vulnerable Witnesses in Court: An Anglo-Dutch Comparison

The Protection of Vulnerable Witnesses in Court: An Anglo-Dutch Comparison

The International Journal of Evidence & Proof, 1999
Louise Ellison
Abstract
I t is now widely recognised that the process of giving evidence in criminal proceedings can prove a difficult and stressful ordeal for many witnesses. The plight of child witnesses,' complainants in rape cases" and adults with learning difficulties have all been highlighted.' The Home Office recently published the report of an interdepartmental Working Group on the treatment of vulnerable and intimidated witnesses within the criminal justice system." The Working Group proposes a range of measures aimed at lessening the ordeal of vulnerable witnesses at each stage of the criminal justice process." The recommendations include measures aimed at reducing the trauma associated with a courtroom appearance. In seeking solutions, the Working Group has accepted the constraints of existing trial procedure. While recognising that many of the difficulties encountered by vulnerable witnesses stem directly from the adversarial trial process, the appropriateness of that process is not questioned by the Working Group. The

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