Youth Justice and Criminal Evidence Act 1999

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Youth Justice and Criminal Evidence Act 1999

Youth Justice and Criminal Evidence Act 1999

RRP: £13.90
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Regular liaison should be had by the prosecution team with the Witness Service supporter or OIC so that a child can wait until shortly before needed to give evidence, either at home or somewhere away from the court where he or she is likely to feel more relaxed. Explaining delays Prosecutors must apply for s.45 (YJCEA 1999) for witnesses to rape or serious sexual offences; victims of these offences have automatic anonymity subject to the provisions of the Sexual Offences (Amendment) Act 1992. a qualifying offence has been committed (murder or manslaughter where the death was caused by a firearm and/or a knife); sexual behaviour’ means any sexual behaviour or other sexual experience, whether or not involving any accused or other person, but excluding (except in section 41(3)(c)(i) and (5)(a)) anything alleged to have taken place as part of the event which is the subject matter of the charge against the accused’ Where the prosecutor is not able to leave the court to speak with a witness who has just given evidence and been released, it is nevertheless good practice for the prosecutor to thank the witness in open court for attending.

secondary evidence of sexual behaviour (e.g. abortion and paternity suits). In R v P(R) [2013] EWCA Crim 2331, a complainant’s visit to an abortion clinic with defendant was deemed inadmissible. The Court of Appeal held that a question about an abortion may amount to a question about a complainant’s previous sexual activity. Section 17(1) YJCEA 1999 provides that a witness is eligible for special measures if the quality of evidence given by that witness is likely to be diminished by reason of fear or distress in connection with testifying in the proceedings. Provision for prosecution counsel to speak to the anonymous witness at court before they give evidence; A simple thank you may make all the difference to a child's experience and determine whether he or she will be prepared to give evidence again in future. Annex 1: Local Safeguarding Children Boards (LSCBs) MembershipThe age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 can’t be arrested or charged with a crime. There are other punishments that can be given to children under 10 who break the law. whether the police are aware of any relationship between the witness and the defendant and/or any associates of the defendant; and, 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'. Factors contributing to greater harm involve: multiple victims, especially serious physical or psychological effect on the victim, even if unintended, victim is particularly vulnerable, presence of others (for example, children), sustained or repeated assaults on the same victim. Disqualification Prosecutors must have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people. Prosecutors must also have regard to the obligations arising under the UN 1989 Convention on the Rights of the Child.

Retention of confidential material provided to the court (such as unedited witness statements) is covered in Crim PD V 18D.24, and, as an alternative to being stored in secure conditions by the court officer, the court may give a direction that such material be committed to the safe keeping of the applicant or any other person, which in practice should be the police not the CPS. Special Counsel If prosecutors are involved in a case involving a number of victims, particularly of allegations of institutional abuse, they should make enquiries to the police about what led to the witnesses coming forward. Special measures were introduced through the Youth Justice and Criminal Evidence Act (YJCEA) 1999 and include a range of measures to support victims and witnesses (other than the accused) to give their best evidence and help reduce some of the anxiety of attending court. Child witnesses under the age of 18 will automatically be eligible for special measures by virtue of section 16 of the Youth Justice and Criminal Evidence Act 1999. Prosecutors should refer to Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses and also the Legal Guidance on Special Measures including video recorded interviews, live link and pre-recorded visual examination (s28) for more information. On 29 June 2018, local authorities began their transition from Local Children's Safeguarding Boards (LSCBs) to the local safeguarding partner arrangements set out in Working together to safeguard children 2018 (Department for Education, 2018a).

Changes over time for: Section 19

They will remain anonymous throughout proceedings but these restrictions can be challenged – usually by the media – after proceedings have ended. Process of youth court The application must not include anything that might reveal the witness’s identity and any material disclosed before the determination of an application may be disclosed in such a way as to avoid revealing the identity of the witness or any information that might enable the witness to be identified (CPR 18.19(1)(a) and section 87(4)); In such cases, prosecutors should ensure that the final decision is fully supported by relevant information and reasoning. In many cases it is possible adequately to mitigate adverse effects of the trial process by applying for appropriate special measures. In extreme cases, witness anonymity, for example, may be considered. Minimising delay between the memory refreshing stage and the trial should be balanced against the ability of the child to concentrate through two viewings on the same day. Some child witnesses may prefer to watch the VRI at least a day before the trial. Some find it convenient to watch the VRI when they attend court for the orientation visit. Others prefer to keep the two tasks separate, as time may be limited for the orientation visit and there is already a great deal of information for them to take in.



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