Citation

Hepner I, Woodward MN, Stewart J. Psychiatry Psychol. Law. 2015; 22(3): 453-464.

Copyright

(Copyright © 2015, Australian and New Zealand Association of Psychiatry, Psychology, and Law, Publisher Informa - Taylor and Francis Group)

DOI

10.1080/13218719.2014.960032

PMID

unavailable

Abstract

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.

Language: en