#4750 - Witnesses Special Measures - BPC Criminal Evidence

WITNESSES (3): SPECIAL MEASURES Order made by Court of its own motion or on application by either party Purpose: to protect vulnerable and intimidated Witnesses. Witnesses for whom Special Measures Direction Available YJCEA 1999, Part 2 - Special Measures Directions in respect of 5 categories of Witness: 1. Children under-17 at time of the hearing, 2. Witnesses (not Defendant): * who suffer from a physical/mental disorder/have a disability/impairment of intelligence and social functioning * that is likely to diminish the quality of their evidence, 3. Witnesses whose evidence is likely to be effected by their fear or distress at having to testify in proceedings. 4. Sexual complainants are automatically eligible for Special Measures unless express that do not wish to be eligible. 5. Witness in proceedings relating to a relevant offence (in Schedule 1A) unless informed court of wish not to be so eligible. Witnesses whose evidence likely to be effected by fear/distress Court must be satisfied that the quality of their evidence likely to be diminished by fear/distress in connection with testifying Consider (s17(2)): * Nature of offence, * Witness's age, * Witness's social, cultural and domestic background, * any views expressed by Witness Q: Whether quality of their evidence is likely to be diminished if direction are not given * "quality" - completeness, coherence, accuracy Child Witnesses s21 - "Primary rule" the Court: * must provide for any relevant recording to be admitted if the child's evidence-in-chief has been video recorded, and * must provide for any additional evidence given by the child (whether in XiC or Crossexamination) to be given by means of a live link Unless satisfied that it would not be likely to maximise the quality of the Witness's evidence so far as practicable or the measure is not available