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Turning now to mentally handicapped witnesses, these witnesses will continuc to receive professional assistance as appropriate. This includes counselling before, during and after the trial by clinical psychologists or social workers. Support will also be provided to carers and family members of mentally handicapped witnesses throughout the process.
The protection of witnesses in fear is now the responsibility of a central Witness Protection Unit which has been set up within the Police Force to formulate, coordinate and implement witness protection measures. The unit comprises a headquarters element, an operational support group and a cadre of operational staff on
reserve.
The purpose of the Criminal Procedure (Amendment) Bill is to provide greater protection for vulnerable witnesses when giving evidence in criminal courts, by introducing four new procedures. First, vulnerable witnesses will, with the leave of the court, be able to give evidence at trial in a room separate from the court room through a live television link. This will allay their anxiety arising from giving evidence in court and child victims, in particular, will be spared the trauma of being close to the alleged abuser again. Secondly, interviews with children and mentally handicapped witnesses can be conducted and video recorded in informal surroundings. The video recording can later be accepted as evidence in court. This will mean that the witness will not have to repeat the ordeal of describing the incident.
A third procedure will prevent child or mentally handicapped witnesses from being required to give evidence in court twice in relation to serious abuses - once at the committal proceedings and again at the subsequent trial. Committal proceedings will not be needed when the prosecution issues a "notice of transfer" certifying that the evidence is sufficient for the accused to be committed for trial. In cases where it is unavoidable that a trial cannot be heard without delay, or exposure to a full trial would endanger the physical or mental health of the child or mentally handicapped witness, a written deposition taken by a magistrate will be admissible as evidence without further proof.
I should emphasise that the introduction of the new procedures will not prejudice the accused's right to a fair trial. For example, where a video recording is used as evidence, the witness must appear in court so that cross-examination is possible.
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