Special measures - Crown Prosecution Service

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Annex HPre-trial therapyThe best interests of the vulnerable orintimidated witness are paramount whendeciding whether, when and in what formtherapeutic help is given. 20Witnesses who are vulnerable or intimidated maybe undertaking or considering undertakingpre‐trial therapy. It is important that the policeand CPS are aware that therapy is proposed, isbeing undertaken or has been undertaken.It is a common misapprehension that the CPS willnot prosecute a case in which a child or adult hasreceived pre-trial therapy. In fact, it is the nature ofthe therapy that is a key issue, rather than theoccurrence itself, and many forms of therapy willhave no adverse impact on the criminal case.Whether a witness should receive therapy beforethe criminal trial is not a decision for the policeor CPS and those involved in the prosecution haveno authority to prevent any witness from receivingtherapy. It is for the witness/their carers, inconjunction with the professional agenciesproviding support, to decide whether or not toundertake therapy.The nature of the therapy should be explained sothat consideration can be given to whether or notthe provision of such therapy is likely to impact onthe criminal case. Certain therapeutic approachesvery definitely present problems so far asevidential reliability is concerned. These wouldinclude hypnotherapy, psychodrama, regressiontechniques and unstructured groups.Timing of therapeutic workDelaying therapy, pending the outcome of acriminal trial, for fear that the witness’s evidencecould be considered tainted and the prosecutionlost, conflicts with the need to ensure that childand vulnerable adult victims are able to receiveimmediate and effective treatment to assist theirrecovery. In the context of this potential conflictthe following matters are relevant:• Many victims express the wish to see theirabuser convicted and punished.•There is a wider public interest in ensuring thatabusers are brought to justice to preventfurther abuse.• All accused persons are entitled to a fair trial.It therefore follows that both care professionalsand forensic investigators have a mutual interest inensuring, wherever possible, that witnesses whoreceive therapy prior to a criminal trial areregarded as able to give reliable testimony.Once the statement or video-recorded interviewis complete, it should be possible for appropriatecounselling and therapy to take place. Therapy isnot usually encouraged before that stage becauseof the risk that it might be considered to affect ortaint the witness’s evidence and the likelihood of aprosecution being jeopardised can therefore begreater. However, if therapy is already under way, adecision about how to proceed may be best madeafter discussion at a multi-disciplinary meetingwhich includes the therapist.20CPS legal guidance Safeguarding Children. Guidance on Children as Victims and Witnesseswww.cps.gov.uk/legal/v_to_z/safeguarding_children_as_victims_and_witnesses22 Special measures meetings between the Crown Prosecution Service and witnesses
If there is a demonstrable need for the provisionof therapy and it is possible that the therapy willprejudice the criminal proceedings, considerationmay need to be given to abandoning thoseproceedings in the interests of the witness’swellbeing. In order that such consideration canbe given, it is essential that information regardingtherapy is communicated to the prosecutor.Alternatively, there will be some witnesses forwhom it will be preferable to delay therapy untilafter the criminal case has been heard, to avoidthe benefits of the therapy being undone.Full guidance can be found in Provision of Therapyfor Child Witnesses Prior to a Criminal Trial (PracticeGuidance) published in 2001 and in Provision ofTherapy for Vulnerable or Intimidated Adult WitnessesPrior to a Criminal Trial (Practice Guidance) publishedin 2002. These documents can be found atwww.cps.gov.uk/publications/docs/therapychild.pdf and www.cps.gov.uk/publications/docs/pretrialadult.pdfSpecial measures meetings between the Crown Prosecution Service and witnesses 23
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