CLP Special measures application Flashcards
What are special measures relevant for?
To ensure that someone who might not be competent to give evidence is able to do so
Structure for application
- What special measures are for
- Eligibility for special measures
- Suggest which special measures / combination are appropriate
- HOW it will enable the best evidence and what views of witness are given
- Promptness
(Eligibility) How are special measures grant and on what basis?
Being eligible does not mean the court will automatically grant special measures.
- They are discretionary
- The court must be satisfied that special measures are likely to maximise the quality of the witnesses’ evidence
Eligibility for special measures
a) Vulnerable witnesses: witnesses under 18 are automatically eligible, as are witnesses with mental disorder
b) Intimidated witness (s17 YJCEA) - witnesses who are in fear or distress about giving evidence
i) all adult complaints of domestic abuse
ii) witness involved in proceedings concerning violent offences (sexual offences, offences under Modern Slavery Act 2015)
c) Any other witness: if the court is satisfied that the quality of evidence given by witness is likely to be diminished by fear or distress in connection with testifying, they are eligible under s23 - s27 YJCEA
Fear or distress reasons
- nature and circumstances of offence
- age of witness
- social and cultural background and ethnic origins
- domestic and employment circumstances
- any religious beliefs or political opinions
- intimidating behaviour towards witness by defendant or defendants’ associates
Suggest which special measures / combination are appropriate
- screens
- live link
- evidence in private
- removal of wigs/gowns
- video recorded interview
- pre-trial recorded XE (available for all vulnerable witnesses + intimidated witnesses)
- intermediaries
- aids to communication
What is the time requirement to make the application?
Promptness: must be made as soon as reasonably practicable
