Special measures

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Practice notes

Special measures

Produced in partnership with Thomas Evans of 3 Paper Buildings

Practice notes
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Part 2 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) contains a series of measures that the court can direct to protect the needs of vulnerable and intimidated prosecution or Defence witnesses. These are in addition to the general Case management powers available to the court contained in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Part 3, for which see Practice Note: Pre-trial and case management hearings in the Crown Court.

The measures cannot be applied for the benefit of the defendant. For information on the steps which may be taken in relation to the defendant, see Practice Note: special measures for the accused.

In summary, the measures available for witnesses include:

  1. •

    screening the witness from the defendant

  2. •

    giving evidence by live link or allowing the evidence to be given in private

  3. •

    ordering the removal of wigs and gowns while the witness gives evidence

  4. •

    video recording of evidence-in-chief

  5. •

    video recording of cross-examination and re-examination

  6. •

    the use of intermediaries to enhance witness communication, and

  7. •

    providing

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Jurisdiction(s):
United Kingdom
Key definition:
special measures definition
What does special measures mean?

measures which can be put in place to provide protection or anonymity to a witness (eg a screen separating a witness from the defendant);

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