Regulation of Health and Social Care Professionals Consultation

eviewed are outdated and potentially discriminatory; for example some establish
that all disabled people are automatically vulnerable and will require special
arrangements.
9.72 We propose that the definition of a vulnerable adult should be closely modelled
on the approach taken in the Youth Justice and Criminal Evidence Act 1999
which provides that in criminal proceedings any witness is eligible for assistance:
(1) if under the age of 17 at the time of the hearing; or
(2) if the court considers that the quality of evidence given by the witness is
likely to be diminished as a result of the following circumstances:
(a) the witness suffers from mental disorder or otherwise has
significant impairment of intelligence and social functioning; or
(b) the witness has a physical disability or is suffering from a physical
disorder.
In addition, a witness is eligible for assistance if the court is satisfied that the
quality of the evidence given by the witness is likely to be diminished by
reason of fear or distress in connection with testifying in the proceedings. 51
9.73 It would also be possible for the statute to provide for special measures that can
be directed by the Panel in relation to witnesses eligible for assistance, such as
screening witnesses from the accused, evidence by live link, evidence in private,
video recoded evidence, video cross examination, examination through
intermediary, and aids to communication. 52 We welcome further views.
Provisional Proposal 9-15: The statute should provide that a witness is eligible
for assistance if under 17 at the time of the hearing if the Panel considers that
the quality of evidence given by the witness is likely to be diminished as a
result of mental disorder, significant impairment of intelligence and social
functioning, physical disability or physical disorder. In addition, a witness
should be eligible for assistance if the Panel is satisfied that the quality of the
evidence given by the witness is likely to be diminished by reason of fear or
distress in connection with testifying in the proceedings.
50 E v UK (2001) 34 EHRR 529 at [39] and Independent News and Media Ltd v A [2010]
EWCA Civ 343, [2010] 1 WLR 2262 at [39]. See also, C Murphy, “Disciplinary Proceedings
in the Health Professions and the European Convention on Human Rights” (2011) 16 Bar
Review 6, 124.
51 Youth Justice and Criminal Evidence Act 1999, ss 17 to 19.
52 As above, ss 22 to 30.
175