Reflections of a Vulnerable Witness Service Volunteer
Rule One: Always expect the unexpected!
On my first case, about two years ago, I thought that I had covered everything in the preparation for the trial – the witness was kept informed, planning for a pre-trial visit went according to plan, contact with the police was useful, etc. – but the unforeseen occurred! The witness was physically disabled and I had managed to arrange for an escort at all times while he was attending the trial as well as the pre-trial visit. After much negotiation, this had been possible and I was sitting back feeling quite pleased that all seemed to be fine.
At the pre-trial visit, I met the witness in a taxi specially designed to take a wheelchair with the escort. In court, the usher talked about the arrangements and we made our way to the lift to the court. It was at this point that the escort informed me that she could not go in a lift as she suffered from claustrophobia. Flexibility is the name of the game, so I invented a challenge. I asked the witness if he could get himself in the wheelchair into the lift while the escort ran up the flight of stairs to meet us at the next level. This was practised a few times and it seemed to work. In the event, the defendant pleaded guilty and the court visits were not required.
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It soon became evident to me, as I took on more cases, that as well as being the ear and eye for the stressed witness, who often cannot think straight in times of anxiety and concern, I was also the only person to have all the pieces of the jigsaw. Dealing with so many agencies such as the police, WCO, Witness Manager, Crown Prosecution Service, Social Services, Education Welfare Officers, etc. at times, the role of the witness supporter became much clearer. How on earth could someone who is quite worried about the thought of re-visiting the offence in court, visiting court for the first time in their life, possibly coming face to face with the defendant and all of the other hidden facets which come to the surface again when the witness relives those situations which have formed part of the reason for the trial, possibly cope alone with all of the agencies? How would they know about some of the agencies? How would they begin to understand the justice system and their rights within that system? As a witness supporter, I can find out whatever I can for the witness as well as try to put their minds at ease as they build up to facing the trial.
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It is a very rewarding and satisfying role. I feel that it can be a privilege to become part of the life of the witness. Often personal and confidential issues are divulged by them and it is at times like this in a lifetime that people really need help. Being part of that ‘first aid’kit is an honour.
It can be frustrating as well! Some people have a string of questions which I cannot answer – will he go to prison? How long will the sentence be? How long will the trial go on for?
Explaining to people that the trial may be cut short or not happen at all, if the defendant pleads guilty on day one, which has happened to me on occasions or that the trial may be delayed by legal matters and go on beyond the expected time is hard for many to grasp.
Patience is a virtue and I have a reasonable amount of this, but it is sometimes stretched when I am asked the same questions over and over again! – but this is part of the service, because the witness is unable to concentrate on much apart from their own anxiety about this black dark tunnel which faces them – the day of the trial. I know and understand that repetition is essential and probably comforting to the witness who needs to be reassured constantly.
Finding a suitable interpreter can be quite hard work, especially when I am asked about the payment for one at a pre-trial visit. My manager is excellent as she can guide me through then undefined passages of research in some cases. Researching about the way an interpreter can be found and paid was a massive task on my second case, but I managed to secure both after several phone calls on behalf of the witness. Being told that it is not possible to have an interpreter for a pre-trial visit did not defeat me – you need a lot of stamina and determination and I have both! Surprisingly the interpreter told me that he had been to that court several times before for pre-trial visits. As in all walks of life, communication can be excellent or poor – I am not sure in this case why I was told that an interpreter could not be possible for pre-trial – a misunderstanding in the system? Lack of knowledge in court staff? It doesn’t really matter because in the end, the witness was supported as he should be in these matters.