To ask the Secretary of State for Justice what research his Department has conducted into whether people with mental health problems who are (a) victims of crime and (b) witnesses of crime face particular difficulties when seeking access to justice. (152977)

My Department has a research programme examining the experiences of vulnerable court users in both civil (including family) and criminal proceedings. One of the identified groups is individuals with mental health problems. Within this programme, we have commissioned two complimentary literature reviews, due for publication by 2008. One focuses on how people with mental health problems access and experience justice and the barriers they face. The other focuses more on the implementation and impact of legislation on individuals with mental health problems. These reports discuss, but do not specifically delineate between victims and witnesses.

During 2007 we expect to commission a 12-16 month project to determine how effectively the court system supports the complex and specific needs of individuals with mental health problems, learning disabilities or limited mental capacity. The focus will be on parties, victims and witnesses in both civil (including family) and criminal proceedings.

The Office for Criminal Justice Reform published a report on the evaluation of the use of special measures for Vulnerable and Intimidated Witnesses (VIWs), one of the criteria for which is having a mental disorder. The report found that VIWs were, and felt, better assisted than prior to the implementation of the special measures. But there continued to be a significant unmet need. However, there have been substantial developments in Government work relating to victims and witnesses since this piece of research was commissioned in 2000-01, which qualifies the conclusions of the study. The report has been placed in the libraries of the House and can also be found at:

http://www.homeoffice.gov.uk/rds/pdfs06/rdsolr0106.pdf.

To ask the Secretary of State for Justice what support is available within the court process to assist people with mental health problems who are (a) victims of crime and (b) witnesses of crime. (152978)

The Government have introduced 165 Witness Care Units, give £30 million annually to Victim Support including the Witness Service in every court and made improvements to court facilities which support all victims and witnesses of crime.

Under the statutory Code of Practice for Victims of Crime the police are obliged to identify vulnerable and intimidated victims and Witness Care Units are obliged to undertake a needs assessment to identify practical and emotional needs including special measures at trial.

The Government have introduced special measures for those witnesses (including victims who have to give evidence in court) who are vulnerable or intimidated. The definition of “vulnerable” in the Youth Justice and Criminal Evidence Act 1999 includes any victim who

“suffers from mental disorder within the meaning of the Mental Health Act 1983”

“otherwise has a significant impairment of intelligence and social functioning”,

“has a physical disability or is suffering from a physical disorder”.

Special measures include live links, video recorded evidence-in-chief, screens so witnesses cannot be seen by the defendant and intermediaries for those with communication difficulties.