Supporting disabled witnesses leads to successful prosecutions

Justice should be open to everybody. When required we can offer extra help in supporting victims and witnesses. The CPS is keen to reach out to people with learning difficulties or other disabilities who might be reluctant to report crimes or give evidence.

Witness Care officers can meet with witnesses and carry out a detailed assessment of their needs to ensure they have the right level of support. Intermediaries are increasingly being used to help victims and witnesses with communication difficulties to give evidence in court. While a typical intermediary has a professional background such as speech and language therapy, in some cases where it is appropriate, a relative or care worker might fill that role. Judges and lawyers in court can also remove wigs and gowns if it is felt a less formal atmosphere will be less intimidating for witnesses and will aid proceedings.

Prosecutors can also meet witnesses at pre-trial interviews, normally before the defendant has even been charged, so that we can make a decision about whether or not to proceed with a prosecution, based on the quality of evidence the witness is likely to give. The CPS must ensure that witnesses are not coached prior to appearing in court and these interviews are recorded so that they can be shown in court if relevant.

The case of Ben and Ryan Jones shows how the CPS can achieve successful prosecutions even when victims have quite serious learning difficulties or disabilities. The two brothers specialised in befriending people with learning difficulties in Stroud and then tricking or intimidating them into giving them money and possessions. They would accompany their victims to cash machines and take their money. They even took furniture and personal possessions from their victims homes and sold them.

It is likely the Joness thought that their victims did not have sufficient understanding or communication skills to be able to give evidence against them. However, the police, CPS, the Witness Care Unit and the Witness Service all worked hard to ensure the victims needs were carefully assessed by specially trained intermediaries who could also assist them in court. Pre-trial visits to the court were arranged for them and they were permitted to give evidence via remote video link from a separate room in the court building.

On the day of the trial, confronted by the prospect of strong personal testimony by their victims, both defendants pleaded guilty to fraud and conspiracy to steal. On 1 March at Bristol Crown Court, Ben Jones was sentenced to four-and-a-half years and Ryan Jones to 27 months.

The judge commended police officer DC Withey, Keeley Witts from the Crown Prosecution Service and staff from Stroud and Cirencester Assertive Outreach Team for their persistence with the case. Praise should also be given to the Joness victims. It is a daunting experience for anyone thinking about reporting a crime or going to court, especially so for people in vulnerable situations.

The CPS will robustly prosecute offenders who target disabled and other people who find themselves in vulnerable situations. We will draw this to the courts attention as an aggravating factor under general sentencing principles, which allow for a more severe sentence in these circumstances.