Youth Justice and Criminal Evidence Act 1999

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The child victim or witness can also give a pre-trial visual recorded cross-examination or re-examination. This can be applied for where there has been a s27 direction for a visual recorded interview to be admitted as evidence and when a victim or witness meets the vulnerable criteria. A visual recorded examination will be automatically admissible, upon application, unless this would not be in the interests of justice or would not maximise the quality of the complainant’s evidence. ( s28 YJCEA). Code for Crown Prosecutors (the Code) Evidential stage To be satisfied that the recording is of sufficiently high quality - both in technical (picture and audio) and evidential terms - and that all necessary areas have been covered so that the recording can be used as evidence in chief; In practice, it is likely that prosecution counsel, the prosecutor, the police and paralegal officers will all be required to assist the judge and court staff in the practical arrangements to ensure that the witness’s anonymity is not compromised. Prosecutors should have regard to any national or local court protocols which may apply, and should proactively ensure that suitable arrangements are in place.

Any material relating to Conditions A to C and to the relevant considerations under section 89 not already provided.The full service of the prosecution case is fixed at 50 days after sending for custody cases and 70 days for bail cases. Bail Prosecutors should first identify the nature and degree of risk of prejudice to a fair trial in disclosing particular items of material. Having identified the risk, what material can be disclosed without compromising a fair trial? If material cannot be disclosed safely forthwith, can it be disclosed at a later date? What is the issue to be decided in the family court? To identify sensitive or irrelevant material which may need to be edited out before releasing the tape. The general rule at a hearing of an application is that the court must consider representations by the applicant and then any other parties in the presence of all parties, followed by considering any information withheld from the defendant(s) and further representations by the applicant in the absence of the defendant(s) (CPR 18.19(3)).

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. Prosecutors should take into account the view expressed by the victim about the impact that the offence has had. In appropriate cases, this may also include the views of the victim’s family. However, the CPS does not act for victims or their families in the same way as solicitors act for their clients, and prosecutors must form an overall view of the public interest.Agreement should be reached with the defence and the court to use a body outline or alternative method for eliciting this information. Children may also be embarrassed at having to refer to parts of their bodies; advocates should find out what words they use and are comfortable with. Prosecutors have a duty to protect the integrity of the prosecution process and to ensure, as far as they are able, that a fair trial takes place. Disclosure to parties in family court proceedings of material such as statements, exhibits, police records, generated during the police investigation in relation to cases where criminal proceedings have not yet concluded, or the decision to start them has not yet been made, run the risk of prejudicing a fair trial. 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. This anonymity will remain until that person reaches the age of 18 unless, under s.45A (YJCEA 1999), the criminal court grants life-long anonymity to child victims and witnesses. Consistently with the law in relation to adult defendants, there is no power under s.45A to grant life-long anonymity to juvenile defendants.

Rule 22.4 requires any applicant to give particulars of any evidence they want to introduce and any questions they want to ask. It is extremely important that the defence put in writing, either in the written application or at the hearing in private, what questions they propose to put to the complainant. It is only by insisting on this that the court will be able to maintain a degree of control over the questioning if it is permitted and will prevent the defence straying into areas that would be forbidden by Section 41 and outside the parameters established by the Judge’s ruling. There are no particular provisions that differ in respect of child witnesses. However, prosecutors should bear in mind the particular need to avoid delay and to ensure that disclosure issues are dealt with expeditiously, especially where third party disclosure issues are involved - for example, material held by the Social Services or by the Local Safeguarding Children Boards. The Trial Introduction and references (in section 41 or this section) to a person charged with an offence accordingly include a person convicted of an offence.’’ Procedure and time limits The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or young person under 18. Age of criminality This is likely to be of limited application since in accordance with the 2003 Sexual Offences Act a belief in consent must be reasonable to afford a defence. There will be very few cases where this example will be of practical application as issues of belief in consent are often inextricably bound up with the issue of consent. Since the enactment of Section 41

Changes over time for: Section 27

Accordingly, prosecutors must ensure that any material which may identify the witness is separately provided to the court and only relied upon at the final stage, where the court considers that information and hears representations by the applicant in the absence of the defendant(s).

the prosecution must be proactive, and, if relevant, focus closely on the credibility of the witness; this should if possible be objectively verified; The best interests and welfare of the child must be considered, including whether a prosecution is likely to have an adverse impact on their future prospects that is disproportionate to the seriousness of the offending. Further powers are available in relation to children and young people. It should be noted generally that where Convention rights are engaged, there is an inherent jurisdiction to restrict publicity beyond the statutory provisions: S (A Child) (Identification: Restrictions on Publication) [2004] UKHL 47. Note also the restrictions on who may be present in a youth court ( section 47(2) CYPA 1933), and the power to exclude the public but not bona fide representatives of the media when a child or young person gives evidence in certain proceedings ( section 37(1) CYPA 1933).

Viewing the visual recorded interview ahead of the trial, in more informal circumstances, may help the child to familiarise themselves with seeing their own image on the screen and makes it more likely that they will concentrate on the task of giving evidence. Section 46 YJCEA 1999 provides a similar (discretionary, lifelong) power to section 45A in respect of adult victims and witnesses. The CPS is committed to treating witnesses at court with respect and sensitivity. Prosecutors are reminded about their obligation to meet all witnesses before they give evidence, put nervous or vulnerable witnesses at ease and explain court procedures. It is particularly important that the advocate speaks to child witnesses before the trial. The Bar/CPS standard on communication with victims and witnesses called ‘ Speaking to Witnesses at Court’ (STWAC) covers all the responsibilities of the prosecuting advocate for victims and witnesses (including children) before and after court. Explaining procedures b) (relates to consent and the sexual behaviour is alleged to have taken place ‘‘at or about the same time as’’ the event in issue),