witnesses and special measures

Which Act of Parliament established the Victims' Codes?

The Domestic Violence, Crime and Victims Act 2004.

What is the primary function of the Victims' Codes?

To outline what each criminal justice agency must do for victims and the timeframe for doing so.

What does the Witness Charter set out?

The basic standards of service a witness can expect from the criminal justice system in England and Wales.

Are the standards outlined in the Witness Charter legally enforceable?

no there are no legal requirements to meet the standards 

the youth justice and criminal evidence act 1999 YJCEA introduced a range of provisions known as….. 

special measures

what is the purpose of speical measures under the YJCEA 1999

to help vulnerable and intimidated witnesses give the best evidence they can and to mitigate associated stress

under the YJCEA 1999 who is automatically classes as a vulnerable witness

all children witnesses under the age of 18 at the time of the TRIAL

other than age, what can make an adult witness be classified as vulnerable under the YJCEA 1999 

their quality of evidence is likely to be diminished due to a mental disorder impairment of intelligence or a physical disability/disorder

how does the YJCEA 1999 define as ‘intimidated witness’

a witness suffering from feat or distress in relation to testifying in the case

which specific groups of complainants are automatically considered intimidated witnesses

complainants in cases of sexual assault and those in specified gun and knife offences 

what 3 factors should a court consider when deciding is a witness is intimidated? 

the nature and circumstances of the alleged offence, the age of the witness and any behaviour towards the witness

under the YJCEA 1999 s16(1)(a) a child witness is eligible for special measures as long as they are under what age at the time of the hearing

18

according to YJCEA 1999 s16(2) when is a n adult with a physical disability eligible for special measures

in all cases where their evidence is likely to be diminished due to their condition

under YJCEA 1999 a complainant in a sexual offence case is eligible for special measure unless they…. 

express the wish to not be treated as one

what is the function of using screens as a special measure in court 

to block the witnesses view of the defendant 

what did the victims commissioner find in 2021 regarding the effectiveness of using a ‘live link’ within a court building

91% of crown court judges who responded found it to be very effective

what did Doherty-Sneddon and McAuley 2000 find regarding younger children and leading questions using the live link

younger children were more resistant to leading questions when testifying across a live link 

according to Applegate 2006 what are the three benefits of using a live link for child witnesses

it encourages them to give evidence, improves information quality and softens the adversarial process 

what practical issue related to court structure can affect the quality of special measures like live link 

court buildings are often old and the quality of technological equipment can be poor

according to judges surveyed how common is the use of the special measure evidence given in private

it is considered rare or never used by the vast majority of judges

what was an unexpected negative consequence of removing wigs and gowns for child witnesses

it made it harder for them to know who they were talking to as the wigs make judges identifiable 

what did Hamlyn et al 2004 find about witnesses’ sense of completeness when giving pre-recorded evidence v testifying in court 

98% using pre-recorded interviews felt they said everything they wished to say compared to 53% of those in court 

what is a widespread perception among lawyers and judges about video-recorded evidence according to Burton et al 2006 

that is doe not have the same emotional impacts as statements made in person in the courtroom 

how did observers perceiver witnesses giving videotaped testimony compared to in person testimony according to Landstrom 2008

they percieved those giving video taped testimony in a less positive light 

what are the key findings from baverstocks 2016 pilot of pre-recorded cross-examinations in children 

better recall more witness friendly cross examinations, and reduced length of time the child waas cross-examined 

what is the role of a registered intermediary (RI) in the criminal justice system

to assess a persons communication needs and make recommendations to the court on how best to communicate with them.

what major contributions of intermediaries was identified by plotinkoff and woolfson’s 2007 research 

they increased access to justice with at least half the cases unlikely to have reaches trial without them 

according to collins et al 2016 the presence of an intermediary made a child witness seem more …….

truthful, crediable, cooperative, confident, consistent, responsible. 

what is the purpose of section 41 of the YJCEA 1999

to place restrictions on evidence or questions about a complainant’s previous sexual behavioural sexual offence cases.

under s41(3)(c ) of the YJCEA 1999 evidence of a complainants sexual behaviour is permissable if it is so similar to the event in question that it cannot be explained as a… 

coincidence 

according to a 2017 ministry of justice study in what percentage of cases were defence applications under section 41 granted by the court

8% of sample cases

what discrepancy did Vera Baird’s seeing is believing report find regarding the use of previous sexual behaviour evidence

it was used in 37% of trials observed, far higher than offical stats suggested

what procedural failure regarding the use of sexual history evidence was highlighted by a survey of independent sexual violence advisors 

in 28% of cases where it was used no application had been made to the court as required by the rules 

according to hamlyn et al 2004 what proportion of witnesses using special measures felt they could not have given evidence without them 

33%

what hey area for improvement in the special measures system was identified by Burton et al 2006

the mechanisms for identifying vulnerable witnesses and assessing their individual needs had to be improved 

according to the victims commissioner 2021 survey which special measures did crown court judges rate as most and least effecitive in lessening stress and anxiety

screening the witness from the defendant 94% effective

evidence in private 11% effective