Victims
Speaking up for Justice
The purpose of this Circular by the Victims & Witnesses Unit is to clarify the current availability of special measures for vulnerable or intimidated witnesses under sections 16-33 of the Youth Justice and Criminal Evidence Act 1999. The circular also clarifies the primary rule relating to child witnesses, in particular child witnesses in need of special protection.
Title: Speaking up for Justice
Author: Criminal
Justice Performance, Justice, Victims & Witnesses Unit
Series: Home Office Circular 58/03
Number of Pages: 6
Date Published: December 2003
The Home Office Circular 06/2002 issued on 13 February 2002 gave
details of the proposed implementation of the special measures
contained in Part II of the Youth
Justice and Criminal Evidence Act 1999. Home Office Circular
35/2002 issued on 24 June 2002 provided information on the position
on the preparation of the necessary Rules of Court and the
Commencement Order.
The report looks at special measures only available to courts where
they have been notified by the Secretary of State under the section
18(2) arrangements.
For the avoidance of doubt, 'child witnesses in cases involving sexual offences, violence (including threats) and cruelty' is intended to equate to child witnesses in need of special protection.
T
he report as a whole looks at special Measures for vulnerable or intimidating witnesses:Child witnesses
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A witness aged under-17 at the time of hearing is automatically considered to be vulnerable under section 16(1)(a) of the 1999 Act.
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Section 21 of the 1999 Act makes special provisions for child witnesses. Under this section a primary rule provides that in the case of a child witness, the court will normally direct that:
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a video recorded interview will be admitted as the child's evidence in chief; and
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any other evidence will be given by live link.
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However, under section 21(5) where a child witnesses is also a 'child witness in need of special protection' (defined by section 21(1)(b)) the maximising evidence test does not apply. So for child witnesses in need of special protection it is virtually automatic that a special measures direction will be granted for a video recording to be admitted as evidence in chief (subject to the interests of justice tests in section 27 of the 1999 Act) and any other evidence to be given via live link.
Rules of Court
Rules of Court are currently being revised to make the process of applying for special measures simpler and quicker for primary rule cases, and to provide rules for the piloting of examination of a witness through an intermediary (section 29 of the 1999 Act). The Rules are due to be issued in February 2004 and will be accompanied by a Circular.
Further implementation of special measures
It is proposed that certain measures under the 1999 Act should be made available in the magistrates' courts from 3 June 2004. These are:
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screening vulnerable and intimidated witnesses from the accused (section 23)
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vulnerable and intimidated witnesses giving evidence in private (section 24)
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aids to communication for vulnerable witnesses (section 30).
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A commencement order will be made and notification letter issued next year. No additional rules of courts are required.
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A provisional timetable for the implementation of other special measures is attached at Appendix 1
Download:
Justice, Victims & Witnesses Unit Circular 'Speaking up for
Justice' 
PDF 50kb
Date modified: 02 February 2004
Review date: February 2005
Originator: Crime Reduction Centre Information Services
Last update: 02/02/04