Special Measures Flashcards
Q: What are special measures?
The Youth Justice and Criminal Evidence Act 1999 contains a range of measures designed to help young, disabled, vulnerable or intimidated witnesses to give evidence in criminal proceedings.
Q: What witnesses are eligible for special measures?
YJCE Act 1999- both prosecution and defence witnesses are eligible for special measures.
Categories of legibility include:
- all witnesses under the age of 18 at the time of the hearing or video recording
- vulnerable witnesses who are affected by a mental disorder, impairment of intelligence and social functioning
- vulnerable witnesses who are affected by physical disability or disorder
- witnesses in fear or distress about testifying
- any witness to a ‘relevant offence’, currently defined to include homicide offences and other offences involving a firearm or knife (AUTOMATICALLY ELIGIBLE)
- adult victims of domestic violence who are vulnerable or intimidated.
- adult complainants of sexual offences, human trafficking offences, indecent photographs of children offences, slavery and trafficking offences and domestic abuse.
Q: What special measures can be given in court to witnesses and defendants?
- screening the witness from seeing the defendant
- allowing a witness to give evidence by live link, accompanied by a supporter
- hearing a witness’s evidence in private
- dispensing with the wearing of wigs and gowns
- admitting video recording of evidence-in-chief
- admitting video recording of cross-examination and re-examination
- questioning a witness through an intermediary in the case of a young or incapacitated witness
- provision of aids to communication for a young or incapacitated witness
- an investigation anonymity order or a witness anonymity order
Q: What happens if the court fails to provide special measures?
Pringle- Failure to provide special measures may result in a conviction being overturned. D identified as having a number of communication difficulties was not permitted to have an intermediary.
Q: What is the primary rule for all witnesses under the age of 18?
While the primary rule is that all witnesses under the age of 18, regardless of the nature of the offence charged, are eligible for their evidence to be given by video interview and the use of live link, this does not prohibit a child witness who wishes to testify in court (ss. 21 and 22)
