Vulnerable Witnesses In Civil Proceedings
Traditionally, witnesses in both criminal and civil proceedings before the courts have been expected to give their evidence in person, before a public forum. The reason behind this approach is to allow the evidence given by that witness to be tested in court so that conclusions about his or her credibility can be reached.
However, the criminal law in Northern Ireland allows certain witnesses to use “special measures” when giving their evidence to a criminal court. Children, adults with disabilities and witnesses who are suffering from fear and distress about giving evidence can all benefit from “special measures” in various circumstances. “Special measures” assist the witness to give their evidence in a number of different ways. For example, the use of screens in a courtroom removes the need for the witness to see or be seen by the accused. Allowing evidence to be given by way of television link allows the witness to see the court, but removes him or her from the stressful atmosphere of the courtroom, whilst still allowing the court to hear and see the witness. “Special measures” can also aid the witness in communicating to the court, for example, by allowing the witness to communicate by methods other than the spoken word.
The purpose of this project is to consider whether there is any merit in introducing “special measures” for witnesses in civil proceedings. The consultation paper looked at the existing law and practice in Northern Ireland, together with the law in other countries which have extended “special measures” to witnesses in civil proceedings.
The consultation period ran from 1st April 2010 until 30th June 2010.
Related documents
Consultation Paper Vulnerable Witnesses in Civil Proceedings NILC4 (2010)
