Special Measures

What are special measures?
Special measures available

What are special measures?

There are a number of measures to assist some witnesses to give evidence in criminal proceedings. These are known as ‘special measures’.

An application for a relevant special measure will be made to the Magistrates or trial judge who will make the final decision as to whether or not a witness can use that special measure to give their evidence.

If you are a vulnerable or intimidated witness within the legal definition you may be eligible to certain special measures.

A vulnerable witness is defined as:

• a witness under 17 years at the time of a relevant hearing. This group contains a subgroup known as ‘child witnesses in need of special protection’ for whom the strongest protections are available (e.g where the child has been a victim of a sexual offence or an assault offence);
• a witness, whose evidence would, in the opinion of a court, be weakened by reason of a mental disorder, or significant impairment of intelligence and social functioning (learning disability), or a physical disability or physical disorder.

An intimidated witness is defined as:

• All complainants in sexual offence cases – unless they say that they do not want to be treated as an intimidated witness.
• A witness, whose evidence would, in the opinion of a court, be weakened because of their fear and distress in connection with testifying. The factors which should be taken into account include:
  • The nature and alleged circumstances of the offence to which the proceedings relate;
  • The age of the witness;
  • The social and cultural background and ethnic origins of the witness;
  • The domestic and employment circumstances of the witness;
  16 March, 2007witness; and
  • Any behaviour towards the witness on the part of the defendant, members of the family or associates of the defendant, or any other person who is likely to be a defendant or a witness in the proceedings.

For further information about any of the measures listed below you should contact the Police, Witness Care Unit, or your solicitor. They will be able to advise you as to whether an application can be made to the court by the prosecution or defence to give your evidence using any of the measures.

Special measures available

• Screens to ensure that all witnesses cannot see the defendant in Court – Screens are placed around the witness box within the court so that the witness cannot see the defendant, and the defendant cannot see the witness whilst they are giving evidence. The screens are placed so that the judge or Magistrate, prosecution and defence teams and the jury can see the witness giving their evidence.
• Video recorded evidence – This allows an interview with the witness, which has been recorded before the trial, to be shown as the witness’s main evidence during the trial, i.e. the witness does not have to report again what they have already said in their police interview, but they must still be available to be cross examined if necessary.
• Live TV links, allowing the witness to give evidence from outside the courtroom – This allows a witness to give evidence via a TV link from another room in the court building or from another building altogether. Although the witness does not come into the courtroom, those present in court (including the defendant and possibly members of the public in the public gallery) will see the TV monitors of the witness giving evidence.
• Clearing the public gallery of the court – In some circumstances a witness may find it easier to give their evidence if the public gallery is cleared whilst they are giving their evidence. In such circumstances all other people taking part in the trial, including, the defendant and legal teams would still be present.
• Removal of Wigs and Gowns – Some witnesses, for example very young children, may feel uncomfortable with the site of the judiciary and lawyers wearing wigs and gowns and in some circumstances they can be asked to remove these.
• Aids to communication – This allows a witness to use communication aids such as a symbol book or alphabet board.
• The use of an intermediary (a go-between) only for vulnerable witnesses – An intermediary is someone who can help a vulnerable witness understand questions they are asked and who can then communicate the witness’s responses, providing fuller, more coherent answers to the court. They can help witnesses at each stage of the Criminal Justice process.