vulnerable witness

vulnerable witness

a witness who can be more easily attacked in traditional adversarial court proceedings. Particular legislation in particular jurisdictions at particular times may include or exclude various categories of individuals. Core examples include children, and those with mental problems. Those with significant impairment of their faculties may be included as may the intellectually feeble. Others maybe more subjectively vulnerable in general such as victims of sexual offences, members of ethnic minority communities, or people who have been attacked or threatened for coming forward as a witness.

A system which makes the distinction will do so with a view to reducing the vulnerability of the witness - a principal means is the use of VIDEO EVIDENCE. Other techniques could include allowing the presence of a supporter or, more controversially, limiting the nature and scope of cross-examination.