Omagh Bombing Inquiry: Protocol on vulnerable witnesses

Introduction (Back to top)

1. The purpose of this protocol is to set out the principles and processes that will guide the Inquiry in its management of vulnerable witnesses. The Inquiry recognises that each witness should be able to engage with the Inquiry with dignity and is supported to give evidence to the best of their ability. This protocol is intended to give effect to the Chairman’s intention that each and every witness is able to give their best evidence.
2. The Inquiry places the wellbeing of those who engage with it at the centre of the evidence gathering process and acknowledges that the giving of evidence may be challenging for many people.

Definition of a witness (Back to top)

3. A witness is any person who gives evidence to the Inquiry, whether they are a Core Participant or not. For the purpose of this protocol ‘giving evidence’ includes preparing for, making, editing and approving any statement provided to the Inquiry and giving oral evidence.

Definition of vulnerability (Back to top)

4. The term ‘vulnerable witness’ is used widely across different types of proceedings. It is a term that the Inquiry has adopted to capture a wide range of witnesses who may benefit from support and assistance to ensure that they can engage with the Inquiry in an effective and safe way. The Inquiry does not intend to cause any harm or distress by using the term ‘vulnerable’. It is used to capture a wide range of witnesses who may benefit from additional support to ensure that their evidence is taken in a manner which reduces risk of harm to them.
5. A person shall be considered a vulnerable witness if, by reason of their experiences, and/or personal characteristics they:
   1. experience added stress or other difficulty in being a witness or potential witness
   2. suffer a likely detrimental effect in the quality of any statement or evidence which they give;
   3. require greater support and/or measures to ensure their effective participation; and/or
   4. are at risk of their mental health being adversely affected because of giving evidence.

Identifying vulnerable witnesses (Back to top)

6. Characteristics which may give rise to vulnerability may include, but are not limited to, age (in particular those under the age of 18), a recognised mental or physical disability or disorder; a learning difficulty or language impairment; or any issue or condition which affects the ability of the individual to participate as a witness to the Inquiry.
7. Anyone who may be a witness (or who is representing a witness) who is or may be vulnerable should notify the Solicitor to the Inquiry as soon as practicable to inform them of the vulnerability, its impact on the witness’ ability to give evidence, whether an independent health assessment has been requested and identify any special measures that may be appropriate.
8. It is important that anyone who is or may be vulnerable is identified as such at the earliest opportunity. All witnesses who are to be called to give oral evidence will be asked to notify the Solicitor to the Inquiry of any matters that may impact upon their ability to give evidence. Any changes in an individual’s vulnerabilities or needs should be communicated to the Solicitor to the Inquiry as soon as practicable.

Measures to assist vulnerable witnesses (Back to top)

9. Where the Chairman determines that a witness is vulnerable within the meaning of this protocol, he may direct that measures are put in place to assist a witness to give evidence and to improve the quality of their evidence (‘special measures’). Before making any direction, the Chairman will ascertain and take into consideration the views of the witness on the appropriateness and nature of the special measures, any medical evidence obtained pursuant to paragraphs 11 to 13 below and, if appropriate, the views of Core Participants.
10. The Chairman has a wide discretion to make such directions as he considers necessary to ensure effective participation. They may include, but are not limited to, one or more of the following:
    1. the appointment of an intermediary: the Inquiry may appoint an intermediary to assess (and report upon) the additional needs of any witness, to assist with the making of a statement and/or to assist the individual when giving evidence;
    2. the appointment of an interpreter;
    3. the giving of evidence via a live link from a location other than the Inquiry venue;
    4. screens to shield the witness from public view;
    5. the making of a recorded interview;
    6. providing advance written notification of questions to a witness;
    7. the support of a friend, relative or other appropriate adult to accompany the witness at the Inquiry venue. Any such person shall play no part in the witness giving evidence unless directed to do so by the Chairman;
    8. regular breaks at prescribed times.

Medical Evidence (Back to top)

11. The Chairman may require medical evidence to enable him to make decisions in accordance with this protocol.   Those decisions may include:
    1. Determining whether a particular witness is vulnerable within the meaning of the protocol;
    2. Determining which special measures will enable a vulnerable witness to give their best evidence;
    3. Determining whether a vulnerable witness is or is not able to give evidence within the meaning of paragraph 3 above. 
12. It will generally be the responsibility of the witness seeking a decision under the protocol to obtain that medical evidence.   In some cases, a GP letter may suffice but in other cases, more detailed medical evidence may be required.  Whatever form the medical evidence takes, it will need to address the following issues:
    1. The medical condition which renders the witness vulnerable within the meaning of the protocol;   
    2. The way or ways in which that vulnerability may affect the ability of the witness to give evidence (see paragraph 3 above);
    3. Whether special measures (see paragraph 10 above) will enable the witness to give evidence;
    4. If so, what special measures will enable the witness to give their best evidence;
    5. If at the time of the report it is suggested that the witness is unable to give evidence at all, whether that position is permanent or temporary and, if temporary, when is the witness likely to be able to give evidence; and
    6. Any other information that will enable the Inquiry to engage with the witness in a way that is sensitive to their vulnerability.
13. Generally, any medical evidence received will need to be kept under review during the life of the Inquiry.

Anonymity (Back to top)

14. Applications for anonymity should be made separately to the Chairman, in accordance with the Inquiry’s protocol on Restriction Orders: anonymity.

Assistance with vulnerability issues (Back to top)

15. The Inquiry Legal Team includes counsel and solicitors who have experience in dealing with vulnerable witnesses and individuals. They may be contacted by any witness or legal representative who would like to discuss this protocol at any time.
16. The Inquiry Legal Team encourages all advocates to review the toolkits available on the AdvocatesGateway. The principles set out there are fundamental to the fair and sensitive treatment of vulnerable witnesses and advocates will be expected to act in accordance with them at all times.
17. A further useful and important resource with which all those involved in representing Core Participants (whether as an advocate or otherwise) should be familiar is the JudicialCollege Equal Treatment Bench Book.

Privacy Notice (Back to top)

18. Information and personal data collected as part of this protocol will be used by the Inquiry to put in place the practical arrangements and any special measures to allow the Chairman to investigate the matters that fall within the Inquiry’s Terms of Reference.
19. Personal data provided to the Inquiry may be shared with other organisations or services that are involved in or supporting the Inquiry with witness liaison but only to the extent that they need to know.
20. More information about how the Inquiry processes personal data, including details of the Inquiry’s Data Protection Officer, is available in the Inquiry’s Privacy Policy.

9 July 2025

Amended 28 May 2026