Although about half of patients detained in secure units for offenders with ID have a personality disorder, there were more similarities than differences between this group and the rest. While good treatment outcomes supported the case for specialised secure treatment units for people with ID, the case for establishing a more specialised ID-personality disorder unit was less convincing. There is also a need to explore whether there are alternative diagnostic models that can delineate better the group with personality difficulties in this population.
This article examines to what extent police investigators can reliably question a vulnerable suspect's account when the evidence base for appropriate questioning styles for this particular vulnerable group is limited. We examine a simulated interview to demonstrate how difficult it is to challenge discrepancies in a vulnerable suspect's account. It is argued from both linguistic and psychological perspectives that certain question formats may lead to acquiescence, cognitive overload, and confusion for the suspect. It is suggested that one way of trying to manage these issues is through the provision of alternative narratives (i.e. 'only one of those stories can be true') but these too are found to be problematic.
Accessible summary Many people with a learning disability are frightened when they are interviewed by the police. They are worried that the police will not understand their story and sometimes keep quiet because they do not understand what is happening. It can also be very worrying for a person with a learning disability if they have to attend court and give evidence. The law allows for vulnerable witnesses to have access to support from a professional known as an intermediary. The law does not yet support vulnerable offenders in this way, but It may now be possible to get professional support from an intermediary if you are an offender. The intermediary might be able to help you communicate with the police and with people at court if you are a witness or an offender. Summary Being interviewed by the police as a witness or as a suspect can be a frightening experience for many people; these feelings can be multiplied for many people who have a learning disability and who do not understand the legal proceedings. Intermediaries were introduced by the Youth Justice and Criminal Evidence Act 1999 as one of the special measures available to help facilitate communication between the police, the courts and the vulnerable witness. Research has shown that this measure has been valuable in assisting the vulnerable witness to testify. This study was an exploratory examination of the recent use of intermediaries with defendants. The defendant does not by law have the right to an intermediary; however the Coroner’s and Justice Bill (2008–09), is attempting to amend this situation. Meanwhile judges are starting to request an intermediary for vulnerable defendants, in the interests of justice. Using a mixed methods approach this study found that intermediaries were very positive about the need for vulnerable defendants to have support. The intermediaries also highlighted that they required additional training and they raised concerns about how their role was viewed by the courts when they were assisting defendants.
Purpose -The purpose of this paper is to examine how Registered Intermediaries are used in the England and Wales to facilitate communication between vulnerable witnesses, victims and police investigators and criminal courts.Design/methodology/approach -The paper focuses on the need for early identification of the vulnerable person so that support measures can be put in place from the outset to assist them to provide their testimony.Findings -It is noted that real progress has been made by the introduction of legislation, specifically the Youth Justice and Criminal Evidence Act (1999), and the uptake by the police service of the subsequent special measures put in place. However, the criminal justice service cannot afford to be complacent as research demonstrates that the police and the courts need to be more effective in managing these issues.Originality/value -The paper recommends that support measures are widened to include witnesses and suspects being interviewed by the Independent Police Complaints Commission, HM Customs and Revenue,
Purpose – The purpose of this paper is to find out how intermediaries interpret their role working with vulnerable defendants at court. Design/methodology/approach – In this study six intermediaries who have worked with defendants were interviewed using a semi-structured interview and the interview transcripts were analysed using interpretative phenomenological analysis. Findings – Intermediaries appeared to be trying to make sense of their developing identities as professionals in the courtroom and this theme is conceptualised through social identity complexity theory. Practical implications – Health and care professionals undertaking a new function in the criminal justice sector should receive training about the psychological processes underlying developing professional identities. Such training should reduce the cognitive load when they work in the new environment and failure to undertake this training may lead to less efficient practice. Gaining an understanding of their professional positioning within the court environment may assist with retention of intermediaries in this new role. Originality/value – This is the first published study where intermediaries have been interviewed about their experiences with defendants. Recommendations are made including the requirement for additional training for intermediaries to understand the underlying psychological processes and conflicts they may experience when working with defendant cases.
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