Appearing in court

Speaking in court

Firstly bear in mind that if you do stammer in court, that's fine. The court should be patient and let you say what needs to be said.

However, if you would really have significant difficulty speaking and want to look at whether this could be avoided or made easier, see below Alternative ways to give evidence.

Awareness of stammering issues

Where a person who stammers is giving evidence orally, it may be useful for the judge/magistrates and legal representatives to be briefed in advance on stammering, and/or for evidence about the person's stammer and its effects to be given in court (see Coombe v Bessell).

In conversation with a person who stammers (BSA website) gives brief general guidance on speaking with someone who stammers. The BSA Information and Support Service may be able to provide further help - for this and other resources see below Sources of advice and support.

Court misinterpreting stammering In the Australian case of Coombe v Bessell (1994) a speech impediment was mistaken for dishonesty. Mr Coombe was convicted of assaulting his wife. The magistrate did not believe his evidence, but was unaware of Mr Coombe's stammer. The conviction was overturned and the case sent for re-hearing.

One point the judge/magistrates should be particularly aware of - and perhaps the jury should be told - is that behaviours such as avoiding eye contact, unusual pauses, unusual body movements (and of course stammering!) are often part of the condition of stammering. One should be very cautious of seeing them as indicators of dishonesty. See box on right for an example. Nor is stammering an indication of intellectual impairment.

In appreciating why a witness who stammers says what he does, it may possibly also help for them to be aware that people who stammer often alter words and phrases to something they can say more fluently. So a person who stammers who feels they are going to block on what they were intending to say may switch to another word or phrase. Of course people who stammer should bear in mind the importance of giving accurate evidence, and should not let word avoidance etc stop them from doing that, even if it means they are less fluent.

Alternative ways to give evidence

Agreeing evidence

It may be possible for both sides in a case to agree your evidence, so that you don't have to be called as a witness.

If evidence is not agreed...

These are alternative ways in which evidence might be given. In some cases I do not know whether a court would allow them, but raise them as possibilities which can be considered with lawyers etc:

• live video link, so you are not actually in the court room;
• video recording of your evidence, so again you are not in court - it is videoed beforehand;
• public gallery being cleared, so there are fewer people in court;
• using an aid to communication, eg text-to-speech technology where you type and a machine speaks (this was used in an employment tribunal in Y v Calderdale Council);
• writing down answers and having someone read them out;
• giving evidence orally and being allowed the alternative of writing answers if you really get into difficulty - this might help take pressure of your speech;
• speaking to a friend or family member, who passes on what you say to the court.

Some specific rules

Below is a brief outline - and links - on some specific rules applying in some UK courts.

'Special measures' in criminal cases (England and Wales)

The Youth Justice and Criminal Evidence Act 1999 allows 'special measures' to be used for certain witnesses in criminal cases in England and Wales. The measures include, for example:

• live video link;
• video recording of the evidence in chief, ie your main evidence before cross-examination, and also (though this may still be under pilot) video recording of cross-examination and re-examination;
• examination through an intermediary (eg friend/relative or speech therapist) - may still be under pilot;
• using aids to communication, eg perhaps text-to-speech technology where you type and a machine speaks;
• public gallery being cleared.

This legislation does not apply to the accused, but the court may have a discretion to allow him to give evidence in such a way that he has a fair trial - see R v Camberwell Green Youth Court (external link), particularly Baroness Hale at paragraphs 59 & 63.

For more, see

• England and Wales: Witness walkthrough - support for witnesses (on CJS website)
• WikiCrimeLine - Special Measures resources

Civil Procedure Rules (England and Wales)

Courts such as the High Court and county courts in England and Wales have discretion to allow evidence to be given through a video link or some other remote method - Civil Procedure Rules rule 32.3 (external link).

Scotland and Northern Ireland

• Scotland: Being a Witness:The Use of Special Measures (Scottish executive website), including further links.
• Northern Ireland: CJSNI website: Witness/Giving Evidence - on criminal cases.

Taking an oath

Perhaps when a juror or witness who stammers is taking the oath, the person adminstering the oath could first say each part of the oath on their own and then repeat it together with the person who stammers. This uses the 'choral effect' - a person who stammers can often speak fluently if speaking along with someone else. There is an example of this being used for wedding vows at www.mnsu.edu/comdis/isad5/papers/weddingvows.html#badmington

DDA

Very briefly, the DDA rules on 'services to the public' will apply to some aspects of a court's functions, and the rules on public authority functions to others.

Note that the following are excluded from the rules on public authority functions, and so are likely not to be within the DDA:

• a judicial act, whether done by a court, tribunal or other person (eg a judge's ruling);
• any act done on the instructions or on behalf of a person acting in a judicial capacity; and
• a decision not to institute or not to continue criminal proceedings and acts done in relation to such decisions.

There is more on these exclusions in para 11.9 of the (Revised) Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises (link to DRC website), 2006.

Police activities such as arrest and interviews are likely to fall within the DDA rules on public authority functions.

Sources of help and support

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