Youth Justice & Criminal Evidence Act 1999 (S16-18)

Question 1

What is Section:16 Youth Justice and Criminal Evidence Act 1999 (Vulnerability)

Answer 1

Section:16 Youth Justice and Criminal Evidence Act 1999 (Vulnerability)

This act doesn’t cover just Youth as appears. It also
• Under 18 at the time of the hearing
• Mental disorder
• Physical Disability or disorder
• Significant impairment of intelligence or social functioning
• Quality of evidence likely to be diminished

Special measures to get the best evidence from them

Question 2

Section:17 Youth Justice and Criminal Evidence Act 1999 (intimidated)

Answer 2

This act covers victims who may be intimidated. There can be different reasons to why people may be seen as intimidated Victims

• Anyones who’s quality of evidence is likely to be finished by reason of fear or distress in testifying in criminal proceedings
• Victims of sexual Offences and eye witnesses to certain gun and knife crimes are automatically presumed to be intimidated
• Victims of the most serious crimes might be regarded as intimidates, e.g domestic abuse, hate crime, serious assault.

Question 3

Section:18 Youth Justice and Criminal Evidence Act 1999 (Special Measures)

Answer 3

Special measures can be put in place to support victims of crime

• Being defined a vulnerable as per (S16) or Intimidated as per (S17) gives access to one or more of 8 “Special Measures” when giving evidence in court
• In order to grant special measures the court has to be satisfied that the measures (or combination of measures) will maximise the quality of evidence of the witness

Question 4

What is SUMP?
(S16- Vulnerable Witness)

Answer 4

S- Significant impairment of social functioning (Special needs)
U- Under 18
M- Mental Health
P- Physical Disabilities
(Stroke/Communication aids- child speaks Makaton/Flash Cards/ selective muteism/ computer aid- imtiermediatories- people to assist with communication)

Question 5

What is BOARDS?
(S17 - Intimidates WItnesses)

Answer 5

B- Behaviour of the offenders
O- Offence Type (Modern Slavery/DV/ gun crime/Traffic Offence/knife crime)
A- Age
R- Religious/ Political
D- Domestic Situation/ Employment
S- Social (Cultural/Gangs)

Question 6

Name some types of special measures?

Answer 6

There are a number of different measures that can be taken for victims when attending court. Some of these apply only to certain measures.

• Screens
• Giving evidence by live link (Another room usually rape victims)
• Giving evidence in private, court cleared (intimidated only)
• Removal of wings and gowns (Vulnerable only)
• Visually- recorded interview as evidence in chief
• Use of registered intermediaries (Vulnerable only)
• Aids to communicate (Vulnerable only)
• Visually recorded cross - examination (16yrs)

Question 7

S28 Pre Recorded Cross Examination for Vulnerable people

Answer 7

Pre recorded cross examination
Used with children. Due to time periods of court children may not remember times and events - about memory. Only used for people is S16 Catogory