Implementing special measures for vulnerable and intimidated witnesses: The problem of identification

Policy, legislation and resources developed to enable vulnerable and intimidated witnesses ("VTWs") to give best evidence in court are based on official estimates that suggest that they are a small proportion of all witnesses and can therefore be clearly distinguished from "normal" witnesses. The empirical research reported on in this article suggests that this is not the case. The majority of witnesses are potentially vulnerable and the criminal justice agencies continue to have difficulty in identifying them. This has profound implications for the operation of the Youth Justice and Criminal Evidence Act 1999 and the policies and practices on which it is based. © SWEET & MAXWELL.