Working with the witnesses
Giving evidence as a witness in a court case can be an unsettling and occasionally intimidating experience.
However, that process is now being eased by two specialist staff from a new Witness Care Unit who are guiding people through each step of the process.
It's hoped the measure will help boost confidence in the criminal justice system, meaning fewer cases should fail to go ahead due to unwilling witnesses failing to show up.
Crown counsel Robert Welling, who has worked on the project, explained that the moment a trial is slated, the unit gets in touch with witnesses and lets them know when it will be heard.
A needs assessment form is filled out, and the witness is invited to talk to the unit staff on the phone or come in to see them to discuss any specific needs or concerns. If necessary, they are referred on to other agencies such as the Women's Resource Centre or Child and Family Services for additional support.
"The unit then keeps the witness informed about every stage of the process, when the next date will be and what happens on the next date," explained Mr. Welling.
Although some witnesses have special needs such as a disability or communication problem, unit staff member Marcia Park explained that their concerns are usually straightforward.
"They ask what's going to happen in the court, what they will need to say and we refer them back to the Police to get a copy of their witness statement. We do a pre-trial visit to the court with them so they know what they're doing. They want to know 'when is it going to start and when is it going to end'?" she explained.
Miss Park and her colleague Carmilea James then accompany the witnesses to court on the day the case is heard, to answer any questions they have.
"They are happy once they hear from us and know that someone is behind them and backing them right through the process. When they get to court and see our faces there they are happy, and I'm happy that they actually showed up," she said.
Getting witnesses to court, according to Mr. Welling, is "most of the battle" as no-shows can at best delay, and at worst completely derail a prosecution case.
"The idea is to keep people engaged, to make the process as pleasant a process as it can be so in the future they will be more likely to come back and use the system again," he said.
"A lot of people's prior bad experiences of the system are that they didn't know what was happening. The experience from other jurisdictions is that if we can keep people informed and give them the sense that their input is valued, the experience for them is more positive."
The unit was established in November, and already has more than 200 witnesses who have been helped or are currently being assisted, in cases ranging from burglaries and thefts to assault, wounding and domestic violence. It has focused mainly on Magistrates' Court cases so far, but is gearing up to work with those involved in the more serious cases before the Supreme Court too, and hopes to take on an additional worker
Three weeks ago, the unit moved into a cosy welcoming office housed on the top floor of Global House in Hamilton the same building that houses the Department of Public Prosecutions and Attorney General's Chambers.
Director of Public Prosecutions Rory Field explained that it's been kitted out with pot plants and toys for visiting children as "it's not meant to be like a lawyer's office. It's softer-feeling than that. I think the role of this place is to create a human face for the criminal justice system".
Attorney General and Minister of Justice Kim Wilson hopes the new unit will bolster confidence in the system.
"In recent times, there has been an increase in both the level of serious crime and prosecutions which have been hindered by a lack of witness participation. That had lead to a perceived lack of public confidence in the criminal justice system," she told The Royal Gazette.
"In developing the Witness Care Unit model, it was acknowledged that with the provision of better information and support, witnesses are more likely to feel less intimidated, confident, and more willing to support the prosecution process, both in relation to their current case and and the future.
"This leads to positive outcomes for the criminal justice system, with less failed cases and more offences being brought to justice. More importantly, it also leads to a more positive experience for victims and witnesses who feel satisfied with the steps and measures taken to assist them."
Sen. Wilson added: "The Ministry of Justice is optimistic that the continued successful operation of the Witness Care Unit will increase the involvement of other witnesses in the criminal justice system. I have no doubt that, as in other jurisdictions, improved witness participation will have a direct effect on the trial process, reducing the number of ineffective prosecutions."