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Special Measures Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Special Measures notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

SPECIAL MEASURES SPECIAL MEASURES (ss16 - 33 YJCEA 1999)

? eligibility overview o automatically eligible (unless opt out)all Ws under 18 (except Ds)can be dis-applied if special measures unlikely to maximise quality of evidencechild can opt out, provided would not diminish quality of evidencegeneral rule: video EIC + live link evidenceadult Cs of sex offences / offences of trafficking for exploitationany W in case involving homicide / offence involving firearm or knife

o NOT automatically eligible (must apply)vulnerable Ws affected by mental physical impairment (YJCEA s16(2))applicant must:

o provide court with material establishing W: (a) has 'disorder / disability of the mind; (MHA 1983); OR

(b) has significant impairment of intelligence + social functioning; OR

(c) has physical disability / disorder o satisfy court quality of evidence would be diminished by W's condition?

court will consider W's wishes

Ws in fear / distress in connection with testifying (YJCEA s17(1))court must

o be satisfied qualify of evidence would be diminished by fear / distress, taking into account some / all following factors:

(a) nature + circumstances of offence (b) W's age (c) if relevant, socio-cultural background, ethnicity, domestic + employment circumstances, religious beliefs, political opinions

(d) behaviour towards W by D, D's family /
associates, other person likely to be D or W

o take into account W's views?

application must give details of grounds + attach supporting evidencemay hold voir dire to determined eligibility

Ds under 18

? available measures

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