A consultation document designed to protect vulnerable witnesses from intimidation has been published by the Northern Ireland Office. The paper is particularly aimed at ensuring that victims of rape and other serious sexual offences can safely give evidence against their assailants.
The paper is seeking proposals from the public and interested bodies on how improvements might be made to the current system. While arrangements are generally in place to protect witnesses in paramilitary cases, the NIO is seeking to strengthen provisions in relation to non-paramilitary crime.
The focus is on incidents of rape and other sexual offences, particularly against children. The paper discloses that there are more cases of rape and sexual offences in Northern Ireland than in England and Wales: 18 rapes per 100,000 of the population in the North compared to 13 in England and Wales; and 86 sexual offences per 100,000, compared to 64 in England and Wales.
The authorities are considering a prohibition on unrepresented defendants cross-examining complainants in rape and sexual offence cases. They also plan to issue guidelines on when complainants may be cross-examined on their previous sexual behaviour.
The RUC has established Child Abuse and Rape Enquire units to provide trained staff to address the problems faced by victims of sexual offences. There are 12 such units in the North at present.
The consultation paper seeks views on whether the facility for children to give evidence via closed-circuit television might be widened to cover adults in certain cases. It also queries whether there should be an extension to adults in certain cases of the current discretion whereby judges and lawyers need not wear wigs in cases involving children.
Also under consideration are alterations to court buildings to separate prosecution and defence witnesses in order to prevent intimidation in court. Plans for future court buildings should take into account the need to situate witness boxes in a place where observers in the public gallery cannot intimidate a witness.
The NIO is also seeking to devise ways of ensuring that cross-examination is not unnecessarily aggressive. It also proposes court familiarisation tours for vulnerable witnesses and special consideration for witnesses with learning disabilities.
Mr Adam Ingram, the North's Security Minister, yesterday said the consultation paper represented a further step in the government's commitment to improve access to justice for victims of rape and other serious sexual offences and those who feared intimidation.
Calling for a wide-ranging response to the proposals, Mr Ingram added: "As well as ensuring that the necessary legislative changes are in place, it is vital that we take whatever steps are possible to improve arrangements on the ground."
