ABSTRACT
The aim of this chapter is to review the linguistic experiences of vulnerable witnesses within the Criminal Justice System. We focus on children and people with communication disabilities and examine how such witnesses cope linguistically with investigative police interviews and court appearances. By looking at the way police officers interview vulnerable witnesses and by analysing witnesses’ understanding of concepts and their ability to develop a narrative and answer questions, we will evaluate whether or not they are prejudiced linguistically. Focusing on court procedures – video-recorded interviews and special measures such as intermediaries and communication aids for the witness – we will assess whether enough is being done to enable these witnesses to tell their story. While we will concentrate on the system currently in operation in England and Wales, where appropriate we will compare this with how witnesses are interviewed and examined in other countries, in an attempt to determine what still needs to be done to achieve justice for all. In the first section, we identify what is meant by vulnerable witnesses in England and
Wales and describe the legislation that has been passed to support them through the legal process. The second section reviews the experiences of children and disabled people in the initial police interview. Section three describes their experiences in court and considers the impact of special measures. All the data used in this chapter are taken from real video-recorded police interviews with child witnesses. All identities have been removed.
