ABSTRACT
Given that a significant number of persons involved in criminal proceedings can be considered vulnerable, special measures are put forward to address their vulnerability. The adequate implementation of special provisions, however, requires that such vulnerability be promptly identified. This is also emphasised by the European Commission, which has stated that member states should ensure that all competent authorities have recourse to an independent expert to identify vulnerability and to determine the degree of vulnerability and any specific needs. In addition, it is stressed that police officers, law enforcement and judicial authorities dealing with vulnerable persons should receive specific training. Member states, however, appear to differ with regard to the implementation of these provisions, the responsibilities for identifying and compensating for vulnerability, and the training provided for the authorities involved. Moreover, the prompt identification of vulnerability appears challenging and insufficient in practice. Against this background, this chapter discusses and compares the provisions for vulnerable people in Belgium and the Netherlands, with a particular focus on the responsibilities for identifying vulnerability on the one hand, and the training provided to assist practitioners in identifying and dealing with vulnerable people on the other.
