D8R104(DE2)Support Witnesses and their Associates During Judicial and Legal Processes
Elements of competence
DE2.1 / Support witnesses and their associates who are waiting to give evidenceDE2.2 / Support witnesses whilst they are giving evidence in court
DE2.3 / Support witnesses and their associates after they have given evidence
About this Unit
This standard is about providing practical and emotional support to witnesses during judicial and legal proceedings. It involves supporting witnesses who are waiting to give evidence. During this time, you need to be aware of your own role and responsibilities, and in particular, that you must not discuss evidence with witnesses, as this may be seen as coaching or influencing their evidence. Such action could have serious consequences for yourself, your organisation, and for the trial.
The standard also involves accompanying witnesses into the courtroom, where appropriate, and providing support whilst they are giving evidence. It includes supporting witnesses and their associates after the witness has given their evidence, helping them to reflect on their experiences in court, explaining any legal jargon and encouraging them to consider ways forward. This may involve you supporting a witness over a few hours, or over several days or weeks, depending on the length of the trial and the needs and wishes of the witness.
In this standard, the term ‘individuals’ has been used to refer to the people you are assisting, including those who may be victims, survivors, witnesses or their associates.
The term ‘associates’ has been used to refer to family members, friends, colleagues or workers from organisations that support victims, survivors and witnesses. Where witnesses are accompanied by associates, you may need to provide them with support also.
Witnesses may ask you a vast range of questions about the court, the legal processes and what may happen during the trial. You will therefore need a wide range of knowledge in relation to these subjects, and the specific circumstances under which disclosure can be made.
Target Group
This standard is applicable to those who are responsible for providing emotional and practical support to witnesses at court. It is designed to be relevant to all forms of trial in the four countries of the United Kingdom.
Evidence Requirements for the Unit
It is essential that you adhere to the Evidence Requirements for this Unit — please see details overleaf.
Specific Evidence Requirements for this UnitSimulation:
Simulation is permitted for this Unit.
The following forms of evidence ARE mandatory:
Direct Observation:Your assessor or expert witness must observe you in real work activities which provide a significant amount of the Performance Criteria for most of the Elements in this Unit. For example your assessor may observe your practice at meetings with the service user(s) where you are providing them with information about your role and responsibilities, the layout of the court and the process and procedures, agreeing an action plan for supporting them, discussing possible outcomes and any meetings with colleagues from within your own and other relevant organisations.
Reflective Account/professional discussion: These will be an explanation or a description of your practice in particular situations based on current working practices. For example an account of your practice in preparing for meetings with service user(s) and others, the judgements made in assessing the service user(s) need for support from you and others, your active listening skills and other methods of communication which build trust and confidence. You could also include an explanation of how legislation, policies and procedures affect your practice.
Competence of performance and knowledge could also be demonstrated using a variety of evidence from the following:
Questioning/professional discussion: May be used to provide evidence of knowledge, legislation, policies and procedures which cannot be fully evidenced through direct observation or reflective accounts. In addition the assessor/expert witness may also ask questions to clarify aspects of your practice.
Expert Witness: A designated expert witness may provide direct observation of practice, questioning, undertaking a professional discussion or providing feedback on a reflective account. Working with Victims, Survivors and Witnesses can pose a number of challenges for Direct Observation of practice by assessors not based in the workplace and it is vital that expert witnesses are identified at the planning stage as they will be require to work closely with your assessor in the evidence gathering process.
Witness testimony:Can be a confirmation or authentication of the activities described in your evidence which your assessor has not seen. This could be provided by a work colleague or another key person. It is NOT appropriate to use witness testimony from any member of their family or circle of friends.
Products: These can be support/action plans, assessment records and/or any agency approved forms and records. Copies of material/brochures/application forms on services the candidate has sought out and prepared for the service user. Copies of letters/correspondence with service user(s) and others. Where products have not been developed or compiled by the candidate you need to provide an explanation of the contribution you made to them or your reasoning for offering them to the service user(s), eg brochures and application forms.
Due to the nature of this Unit considerable care should be given to the inclusion of any anonymised records in your portfolio. They should remain where they are normally stored and checked for their authenticity by your assessor as well as occasionally by your Verifier. Where records are included great care should be taken to ensure they are anonymised to ensure confidentiality.
General guidance
Prior to commencing this Unit you should agree and complete an assessment plan with your assessor which details the assessment methods (including potential products) and the tasks you will be undertaking to demonstrate your competence.
Evidence must be provided for ALL of the Performance Criteria, ALL of the knowledge and parts of the scope that are relevant to your job.
Candidates and assessors should ensure that knowledge evidence should be integrated into the reflective accounts, direct observations and if appropriate in professional discussions. Care should be taken to avoid assessment of knowledge through set or banks of questions as they generally do not reflect real work practice.
The evidence must reflect the policies and procedures of your workplace and be linked to the current legislation, values and principles of best practice within the Community Justice Sector and in particular those staff working with victims survivors and witnesses.
ALL evidence must relate to your own work practice.
Knowledge Specification for this Unit
Competent practice is a combination of the application of skills and knowledge informed by values and ethics. This specification details the knowledge and understanding required to carry out competent practice in the performance described in this Unit.
When using this specification it is important to read the knowledge requirements in relation to expectations and requirements of your job role.
You need to provide evidence for ALL knowledge points listed below. There are a variety of ways this can be achieved so it is essential that you read the ‘knowledge evidence’ section of the Assessment Guidance.
You need to show that you know, understand and can apply in practice: / Enter Evidence NumbersLegislative, regulatory and organisational requirements
1Legal and organisational requirements which relate to supporting witnesses and their associates during judicial and legal processes, and their impact for your area of operations.
2Legislation, policies and procedures relating to data protection, health and safety, diversity and their impact for your area of operations.
3The role of your organisation and its services and the services which it provides in supporting witnesses and their associates during judicial and legal processes.
4Your organisation’s policy and procedures regarding confidentiality of information and the disclosure of information to third parties, and the specific circumstances under which disclosure may be made.
5Organisational requirements relating to allowing others to be present in discussions with victims/survivors/witnesses, and the relative benefits and disadvantages that the presence of others can create.
6The limits of your authority and responsibility, and the actions to take if these are exceeded.
Working within the community justice sector
7The impact of crime on victims, survivors and witnesses and their need for protection, respect, recognition, information and confidentiality.
8The procedures for listing trials at court, including court facilities and conventions regarding dress, behaviour and communication.
9The typical layout of a courtroom, including the roles and responsibilities of those in the courtroom.
10The process by which cases come to court, including the various organisations that are responsible for making recommendations and decisions about whether to proceed with a case.
11The range of possible outcomes of cases, including the different ways witnesses may react, and how to help witnesses deal with their feelings.
You need to show that you know, understand and can apply in practice: / Enter Evidence Numbers
12The impact that appearance at court can have on witnesses and their associates, and how the individuals’ need for support may differ.
13The needs of those who have experienced crime and who may be particularly vulnerable.
14The availability and use of special measures to assist vulnerable and intimidated witnesses, and who to contact to make a request.
15The different ways that witnesses may feel and behave before, during and after giving evidence, including the different ways that they may wish to interact with the worker and how to gauge which is the most appropriate way of interacting with each individual.
16What action to take if you become aware of anything which could prejudice legal proceedings.
17The limits on the information that you may offer to witnesses, including what you must not discuss, and the purpose of these limits and what to do if these limits are breached.
18The importance of establishing and developing relationships with witnesses and their associates which maintain professional boundaries, and methods for doing this.
19Methods of handling situations where there is the potential for conflict between the needs and wishes of witnesses and their associates.
20The options for supporting witnesses and associates, including the reasoning processes used in determining the most appropriate options for the individuals concerned.
21The role of your organisation and its services and how they relate to other organisations and services in the community justice sector.
22Your own role and responsibilities and from whom assistance and advice should be sought if you are unsure.
DE2.1Support witnesses and their associates who are waiting to give evidence
Performance CriteriaDO / RA / EW / Q / P / WT
1Familiarise yourself with information concerning the case before contact with individuals.
2Introduce yourself correctly and take the relevant actions towards welcoming individuals and towards encouraging them to be at ease.
3Explain your organisation’s policy relating to confidentiality, and disclosure of information to third parties.
4Listen actively and respond constructively and with empathy to the points made, communicating in a manner which suits the needs and ability of the individuals.
5Ask individuals about the type and level of support they would prefer whilst they are waiting to give evidence, and support them in a manner which respects their needs and wishes.
6Explain clearly and accurately to individuals the court processes and procedures, including the role and responsibilities of a witness, and how to contact you if they require support after they have given evidence.
7Clarify with individuals the guidelines with relation to what they should and should not discuss with others, including you, and the possible consequences of not following this advice.
8Explain clearly and accurately your role and responsibilities, and the extent of the information that you are able to discuss with them, including your organisation’s policy regarding confidentiality of information and disclosure to third parties.
9Observe the behaviour and reactions of individuals during your interaction with them, and identify accurately when their needs and wishes regarding support may have changed, and take the necessary action.
Performance Criteria
DO / RA / EW / Q / P / WT
10Keep up to date with progress in the courtroom and explain significant developments to individuals in an appropriate manner.
11Encourage individuals to feel comfortable in asking questions, and provide accurate and complete answers where this is within your role, referring unanswered questions promptly to an appropriate person.
12Seek immediate support and assistance from appropriate people when you are unsure of the your role or the actions you should take, when individuals becomes significantly distressed, and where there are signs of intimidation or threat to you or the individuals.
DO = Direct ObservationRA = Reflective AccountQ = Questions
EW = Expert Witness P = Product (Work)WT = Witness Testimony
DE2.2Support witnesses whilst they are giving evidence in court
Performance CriteriaDO / RA / EW / Q / P / WT
1Explain clearly and accurately to witnesses, who have requested that you accompany them, and before entering the courtroom, the limit of support that you are permitted to provide inside the courtroom, the court conventions that apply to your behaviour in court, and the purpose of these limits and conventions, including the possible consequences if they are breached.
2Identify yourself to those in the courtroom and provide a clear and accurate explanation of your role and responsibilities when requested.
3Present yourself, and interact with others, in a manner which promotes the work of your organisation and is consistent with court conventions for dress, speech, body language and eye contact .
Performance Criteria
DO / RA / EW / Q / P / WT
4Remain with witnesses in the courtroom whilst the witness gives their evidence and support them in a manner which encourages their self confidence and sense of safety.
5Avoid interacting with witnesses in any way that could be interpreted as coaching or influencing their evidence.
DO = Direct ObservationRA = Reflective AccountQ = Questions
EW = Expert Witness P = Product (Work)WT = Witness Testimony
DE2.3Support witnesses and their associates after they have given evidence
Performance CriteriaDO / RA / EW / Q / P / WT
1Offer witnesses, once they have left the courtroom, time alone if appropriate, practical support and access to facilities, and the opportunity to ask questions and talk about their experience of giving evidence.
2Provide accurate and complete answers to individuals’ questions when this is within your role, and refer promptly any unanswered questions to an appropriate person.
3Offer clear and accurate information to individuals about what is likely to happen next in the court process, and the possible effects upon them if they decide to listen to the rest of the case, including what they can now do and when the trial is likely to end.
4Explain to individuals the possible outcomes of the trial and their implications, including when sentencing is likely to happen, any further contact the witness may have from the courts or other organisations, and how to find out about the judgement if they are not in court.
5Forward to the appropriate person(s) any concerns raised by individuals about risk of harm to themselves or others as a result of what they have said in court, with the individuals’ consent.
Performance Criteria
DO / RA / EW / Q / P / WT
6Discuss any concerns individuals express about the possible outcomes of the trial, and assist them to find ways to manage their feelings and anxieties about the outcome.
7Offer individuals information about other organisations that may be able to offer support, including the nature of the services they offer, and assist individuals to make contact where appropriate.
8Seek immediate support and assistance from appropriate people if you are unsure of your role or the actions you should take, when individuals become significantly distressed, and where there are signs that indicate that the individuals may be at risk of harm.
9Maintain accurate and up to date records of the support offered and provided to individuals, any agreements made, and any actions taken as a result, in line with your organisation’s requirements.
DO = Direct ObservationRA = Reflective AccountQ = Questions
EW = Expert Witness P = Product (Work)WT = Witness Testimony
To be completed by the candidateI submit this as a complete Unit
Candidate’s name: ……………………………………………
Candidate’s signature: ………………………………………..
Date: …………………………………………………………..
To be completed by the assessor
It is a shared responsibility of both the candidate and assessor to claim evidence, however, it is the responsibility of the assessor to ensure the accuracy/validity of each evidence claim and make the final decision.
I certify that sufficient evidence has been produced to meet all the Elements, PCs and Knowledge of this Unit.
Assessor’s name: …………………………………………….
Assessor’s signature: ………………………………………….
Date: …………………………………………………………..
Assessor/internal verifier feedback
To be completed by the internal verifier if applicable.
This section only needs to be completed if the Unit is sampled by the internal verifier.
Internal verifier’s name: ……………………………………………
Internal verifier’s signature: ………………………………………..
Date: ……………………………………..…………………………..
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