Deck 4: Witnesses II: Vulnerable Witnesses

Question 1

A child will not be eligible for special measures if they are 17 years and 3 months old at the time of the hearing. All children (i.e. those under 18) are eligible for special measures under s.16(1)(a) of the Youth Justice and Criminal Evidence Act 1999.

Answer 1

False

Question 2

Which of the following factors are specifically considered by a court in determining whether or not to grant special measures? Section 17(2) of the Youth Justice and Criminal Evidence Act 1999 provides a list of factors which courts must take into account.

A)The nature of the alleged offence
B)The gender of the witness
C)The circumstances surrounding the alleged offence
D)The witness' age
E)Behaviour towards the witness by either the accused or his/her family or associates

Answer 2

A, C, D, E

Question 3

When a child gives evidence, which of the following things must occur, unless the child does not want them? Youth Justice and Criminal Evidence Act 1999, s.21(3) provides that both these special measures procedures are mandatory for children. The other measures are discretionary.

A)Their evidence-in-chief is pre-recorded
B)They should be cross-examined via livelink
C)Screens are used
D)An intermediary is used

Answer 3

A, B

Question 4

Which of the following considerations does a court NOT have to take into account when making a witness anonymity order? Section 88 of the Coroners and Justice Act 2009 stipulates these three conditions. A witness being threatened is a consideration for condition A, but there is no stipulation as to the number of threats. Section 89 further sets out the considerations a court must take into account when deciding whether or not to grant the order.

A)If the proposed order is necessary to either protect the safety of the witness/another person/prevent any serious damage to property, or to prevent real harm to the public interest
B)Having regard to all of the circumstances, whether the effect of the proposed order would be consistent with the Defendant receiving a fair trial
C)The witness' evidence must be of such importance that in the interests of justice the witness ought to testify
D)The witness must have been threatened more than once

Question 5

The details of witnesses and defendants (either actual or potential) under which age are expressly prohibited from being reported? Youth Justice and Criminal Evidence Act 1999, s.44.

A)Under 21
B)14 or under
C)Under 18
D)Under 16

Question 6

Which of the following categories of witness do NOT benefit from a presumption of eligibility for special measures? Youth Justice and Criminal Evidence Act 1999, s.17(5) outlines that witnesses to offences contained in Schedule 1A are presumed to be eligible. Under that schedule, only murders involving knives or firearms are mentioned.

A)Complainants in rape and sexual assault cases
B)Witnesses in murder cases where the victim is allegedly strangled
C)Witnesses in cases where knives are used
D)Witnesses in cases where firearms are used

Question 7

Which of these factors will a court NOT take into account when deciding whether or not to grant special measures for a child witness? Section 21(4C) of the Youth Justice and Criminal Evidence Act 1999 sets out the factors to be considered by a court in making special measures directions in such circumstances.

A)Age and maturity
B)Whether the child's parent/guardian is present
C)Any relationship between the child and the defendant
D)The nature of the offence

Question 8

Special measures in civil cases mirror those in criminal cases. CPR Rule 32.3 allows a witness to give evidence via livelink but there is not the vast array of means of special measures. Instead, a witness may avoid giving evidence altogether by the admission of their statement as hearsay under a judge's wide discretion over evidence.

Question 9

The reporting of details of an adult witness cannot be restricted as it is in the interests of justice to publish them. Section 46 of the Youth Justice and Criminal Evidence Act 1999 stipulates that a court may restrict the reporting of details about adult witnesses.

Question 10

Details of victims of most sexual offences can never be published in a victim's lifetime. Section 1 (with reference to s.2) of the Sexual Offences (Amendment) Act 1992 makes it a criminal offence to do so.

Question 11

Special measures are never available for a defendant. Under s.33A of the Youth Justice and Criminal Evidence Act 1999, both mentally disordered and juvenile defendants can have special measures if their ability to participate effectively is compromised due to a mental disorder or impaired social functioning or intellectual ability.

Question 12

A court may have regard to the views expressed by a witness on the issue of special measures. A court MUST have regard to the views of a witness per s.17(3) of the Youth Justice and Criminal Evidence Act 1999.

Question 13

If the quality of an adult witness' evidence (other than the accused) is likely to be diminished by reason of fear or distress in giving evidence, they are automatically eligible for special measures. Section 17(1) of the Youth Justice and Criminal Evidence Act 1999 provides so.

Question 14

A child must always have special measures put in place for them. The wishes of the child are specifically taken into account under the Youth Justice and Criminal Evidence Act 1999, s.21(4) (as amended)

Question 15

Which of the following are special measures? All are special measures. They can be found in ss.23-29 of Youth Justice and Criminal Evidence Act 1999.

A)Allowing the witness to use an intermediary
B)The removal of wigs and gowns
C)Giving evidence via livelink
D)Using screens
E)Video recording a part of or all of the witness' evidence