Special Measures

Question 1

What are special measures?

Answer 1

Measures to assist certain categories of people in giving their evidence

Question 2

What are the kinds of people who are vulnerable?

Answer 2

Children
Victims of sexual offences
mentally/physically impaired witnesses
witnesses in fear of intimidation

Question 3

What is the solution?

Answer 3

s.16 YCJEA: special measures

Question 4

s.19 YCJEA

Answer 4

Either the court/either party can raise the issue of special measures, and the court must determine whether any special measures will be likely to improve the quality of the evidence given

Question 5

s.16(1)

Answer 5

If under the age of 17, need not show that it will improve the quality of the evidence

Question 6

s.16(2)

Answer 6

Applies where W has a mental disorder/significant impairment of intelligence and social functioning/physical disability

Question 7

s.17

Answer 7

where the witness’ evidence is likely to be diminished by reason of fear, or distress.

Question 8

s.17(2)

Answer 8

factors to be considered regarding fear/distress
the nature of the offence
threats of violence
the witness' age
social/political/economic background
the witness' views must be considered