Police and lawyers are facing the pressure of timelines set by courts and other parts of the system, as well as legal precedent during proceedings and mountains of paperwork.
The foundational strategies of slowing down and demonstrating attentive, patient body language while a client is either processing a question or slowly articulating their response, may seem counterintuitive and unachievable in a system that asks practitioners to move fast.
However, ensuring that any legal terms are explained in everyday language means that the client stays aware of what is happening. This minimises confusion and reduces the need to backtrack over previous conversations.
Our experience in providing communication assistance, even in the most highly stressful court environments, is that these basic strategies are time-effective. Applying the list of strategies on the opposite page assists a client in staying calm, thinking clearly, understanding what is required and speaking coherently, to the best of their ability.
Relevant Legislation
The Statutes Amendment (Vulnerable Witnesses) Act 2015 amended:
• Evidence Act 1929 (SA), Sections 4, 12, 12AB, 13, 13A, 13BA, 14A, 25 outline the ways to take evidence from witnesses with complex communication needs; for example, the types of questions that will be disallowed.
• Summary Offences Regulations 2016 Part 4 outlines requirements for police when interviewing suspects with CCN.
Questions that are confusing, misleading or unnecessarily complicated may be disallowed under the amended legislation, include:
• Tag questions e.g. “You’re John, aren’t you?” Instead ask “What is your name?”
• Double negatives e.g. “not uncommon” “not insignificant”. Instead say common/ significant.
• Leading questions e.g. “And you saw them in the park?” Instead ask “Where did you see them?”
• Use of legal words such as ‘defendant’ or ‘prosecutor’. Instead use the person’s name.
• Use of formal language e.g. “Can you confirm your age?”. Instead ask “How old are you?”
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