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The Vulnerable Witnesses Bill

Decent Essays

In a media release titled ‘Communication recognised as a disability', SPA advocated for the ‘vulnerable Witnesses Bill' to be passed in the South Australian Upper House. The Bill, amongst other initiatives, gives individuals with complex communication needs (victims, witnesses or defendants) the right to use an "an alternative form of communication and to have communication support for any contact with the criminal justice system." (SPA, 2015). Additionally, SPA Director, Tim Kittel, participated in an interview on ABC radio where he spoke about the proposed legislation and more broadly about the challenges faced by people with communication impairments.
Post-graduation professional pathways for developing advanced knowledge & competency required …show more content…

Over 50 present of young people in the youth justice system have difficulties communicating. People who have difficulty communicating face significant barriers navigating the youth justice system. This is because processes of the youth justice system place a large demand on oral and written language skills. Procedures, such as; forensic interviewing, restorative justice conferencing, negotiating plea bargains and understanding court orders, place a high demand language skills. Individuals with language impairments face significant barriers which can prevent them gaining fair access to justice.

Examples of how language difficulties can affect a person's experience in the youth justice system

· A person may not comprehend their rights to silence or rights to legal representation
· A person may not comprehend directions (written or spoken) and consequently find it difficult to comply
· A person may have difficulties answering questions asked of them or reciting information or stories. This can make someone appear to be rude, unreliable or uncooperative
· If a person is confused distressed or anxious, they could appear rude, indifferent or …show more content…

They may, therefore, have difficulty answering leading questions. They may be over compliant due to lack of understanding.
· A person may not understand complex legal terminology for example words such as, ‘conditional /unconditional', ‘adjourn', ‘solicitor', ‘magistrate' and ‘remorse'
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Forensic interviewing:
During a forensic interview, a person has to respond and answer questions, convey stories and information in a sequential order, use literacy skills to read and sign a statement. Additionally, stress can exacerbate commination deficits.

Court appearances:
During court appearances a victim, defendant or witness has to use verbal communication to talk to staff such as lawyers and judges in a socially appropriate way. Additionally, the person may need to recount their story. There is a demand on other language skills such as literacy (e.g. reading out the oath). There is a large demand on comprehension skills e.g. in understanding legal terminology and the language being used.
Ways to identify young people who may have communication

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