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Special Measures regime (Special Measure Available (Available under s16…
Special Measures regime
Eligibility for Special Measures
s16 YJCEA 1999 (Age or Incapacity)
Under 18 at the time of the hearing
Court considers quality of evidence likely to be diminished by reasons of:
Significant impairment of intelligence and social functioning
Physical disability or physical disorder
Mental Disorder
S17 YJCEA 1999 (Fear or Distress)
Eligible if the court considers quality of evidence given by W is likely to be diminished by reason of fear or distress in connection with testifying
Considerations to be made
Compulsory considerations
Nature and alleged circumstances of the offence
Age of the witness
Considerations that may be considered
social/cultural background, ethnic origin, domestic/employment circumstances and religious/political beliefs
Any behaviour towards the witness on part of the accused, members of their family/associates or any other person likely to be an accused or witness to the proceedings
s17(3) - Court must generally consider any views expressed by the witness
s17(4) outlines a range of offence for which special measures will automatically apply
Specified gun and knife crimes
Cases of slavery of human trafficking
Sexual Offences
Special Measure Available
Available under s16 & s17
s25 Clearing Court
s26 - Removal of wigs and gowns
s24 - Live video link
s27 - Pre-recorded XC
s23 - Screen
s28 - Pre-recorded XX
Available under s16 only
s29 - Intermediary or interpreter
s30 - Aid for communication
s19(2) - Choosing what Special measures to apply
Determine whether any of the measures available would be likely to improve the quality of the evidence given by the witness
Determine which of those measures would be likely to maximise the quality of the evidence given by the witness