Youth Justice and Criminal Evidence Act 1999

Product Information

Condition C: the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and- Where a court makes such a direction, section 11 of the Contempt of Court Act 1981 provides that the court may also prohibit the publication of that name or matter in connection with the proceedings. Prosecutors should consider asking the court to impose such a restriction to reduce the risk that that anyone with knowledge of the witness’s name could publish it. This is all the more important in the age of social media and instant communication. It is important that any conversation and agreement about the Special Measures that will be applied for between the police officer and the prosecutor is recorded by both parties. Timely relaying of the agreed Special Measures to the child witness by the police may help to reduce worry and stress by giving an explanation of the procedures involved. Disclosure To be satisfied of the child's ability to understand and communicate and function as a competent witness, with or without the benefit of any special measures; Although the guidance is advisory and does not constitute a legally enforceable code of conduct, significant departures from the guidance may have to be justified in court if relied upon by the defence to challenge part or all of the evidence of the witness. Viewing the visual evidence

Agreement should be reached with the defence and the court to use a body outline or alternative method for eliciting this information. Children may also be embarrassed at having to refer to parts of their bodies; advocates should find out what words they use and are comfortable with. The police and CPS often receive requests from parties in family proceedings (particularly care cases) for disclosure of material generated during the police investigation. Neither blanket approval nor blanket denial would be appropriate responses. The merits and risks of disclosure should be considered in respect of each item. Where criminal proceedings have already started, the decision should be made by prosecutors, in consultation with the police. Where criminal proceedings have not yet started, police will often consult the CPS in any event.

Changes over time for: Section 19

One of the practical realities affecting the criminal justice system is that the success or failure of many criminal prosecutions depends largely upon the availability, and quality, of evidence given by witnesses. It is also an unfortunate reality that, in many such cases, the witness or witnesses relied upon by the prosecution require assistance or, in extreme cases, protection so as to give the best testimony possible. The issue is perceived to be particularly acute where key witnesses are children and may be required to testify to abuse that they, themselves, have suffered, although the same difficulties often arise with adult victims, for instance in the context of domestic abuse. Securing a conviction, therefore, often turns on the ability of the court system to accommodate the special needs of vulnerable or at-risk witnesses, and in that respect the existing legal and procedural regimes were broadly considered to be inadequate. The Youth Justice and Criminal Evidence Act 1999 (YJCEA) was introduced as part of New Labour’s stated aim of modernising the youth justice system. Children between 10 and 17 can be arrested and taken to court if they commit a crime. Identity of children accused of a crime Prosecutors' decisions and actions may have a direct impact on the safety of a child in individual cases. Examples include: Section 25 Youth Justice and Criminal Evidence Act (YJCEA) 1999 Section II provides a range of Special Measures including for hearings to be held in private and the public gallery cleared but is subject to eligibility and must 'maximise quality of evidence'. There are also automatic reporting restrictions on certain pre-trial hearings (see the Contempt of Court, Reporting Restrictions and Restriction on Public Access to Hearings legal guidance). However, such restrictions generally only last until the conclusion of the trial(s).

Prosecutors should, where possible, explain the reasons for any delays. If they cannot do so in person because they cannot leave the courtroom they should ensure that an assistant or court official does so. Not only is it courteous, but it will also reduce anxiety levels. That is important in itself but will also mean that the witness is more likely to give their best evidence. Familiarisation visits At an inter partes hearing the defence will be able to make representations but will not have sight of any sensitive material disclosed to the judge. If considered necessary in exceptional circumstances, the court may invite the Attorney General to appoint special counsel to assist the court.

In appropriate cases, the use of a Registered Intermediary should be considered to assist advocates to assess understanding. Further information about Registered Intermediaries can be found in the Special Measures Legal Guidance.