Court Procedural Reforms and Child Witnesses with Intellectual Disabilities: Evidence Laws in Jamaica and Guyana

Legislators in Jamaica and Guyana were among the earliest in the Caribbean to enact procedural reforms to facilitate children and other vulnerable witnesses in court, reducing the risk of retraumatization through court participation and improving the quality of evidence they provide. This paper examines these legislative provisions, discussing their advantages and limitations in facilitating the unique needs, nuanced communication requirements, and enhanced vulnerabilities of children with intellectual disabilities. While these laws are helpful, they treat children as a homogenous group, thereby overlooking the barriers to access that can emerge for different groups. A more holistic approach, involving mental age assessments, the strategic use of intermediaries, and modifications to court language, are essential to making Caribbean courts more equitable spaces.