Youth Justice and Criminal Evidence Act 1999

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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.

The reporting restrictions available depend on the age of the victim, witness or defendant, the nature of the proceedings and the 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)); The full service of the prosecution case is fixed at 50 days after sending for custody cases and 70 days for bail cases. Bail

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. Prosecutors should make sure that after the hearing children are told what has happened and that they understand. This is particularly important when the case is dropped at court or lesser pleas are accepted. The sentence the defendant has received and its effect should also be explained. Communicating the result of the case Child witnesses should have had the opportunity to have one or more visits to the court. This can be vital in ensuring that the child is not overawed on the day of the trial and that they understand the layout of the court when giving evidence from the live link room.The Code for Crown Prosecutors reminds prosecutors to consider the circumstances of the victim when considering whether a prosecution is required in the public interest. The more vulnerable the victim’s situation, or the greater the perceived vulnerability of the victim, the more likely it is that a prosecution is required. To identify sensitive or irrelevant material which may need to be edited out before releasing the tape. However, principles such as the right to be confronted by an accuser and open justice can on occasion act as a barrier to justice. This can include where potential witnesses may fear that if their identity is revealed to the defendant or their associates, or to the wider public, then they or their family or friends will be at risk of serious harm. This can arise, in particular, in cases of homicide or other serious violence, organised crime, and terrorism. Children between 10 and 17 can be arrested and taken to court if they commit a crime. Identity of children accused of a crime

Section 98(2) provides that a statement of admission made in such proceedings shall not be admissible in evidence against the person making it, or their spouse/civil partner, in proceedings for offences other than perjury. However, it is important to note that the parents or carers do not have an automatic entitlement to confidential information relating to their child if the child is deemed capable of sufficient understanding. There are often good reasons why such cases do not come to light at the time of the incidents, beyond the possibility that they are untrue. For example: children are used to being controlled by adults and offenders can be expert at exercising control; they may not even realise until they are older that they have been subjected to abuse; they may only be prompted to reveal what happened to them when they see the pattern being repeated with younger relatives. Whatever the offence, prosecutors should consider the position of the child and what can be done, having regard to the role and the powers of the prosecutor, to safeguard the child including the availability of Special Measures and the possibility of a prosecution without the participation of the victim. Although it is unlikely to be possible to eliminate stress and worry altogether, prosecutors should take such steps as are possible to reduce it to a minimum. Reviewing cases where the child is a victim or a witness Achieving Best Evidence (ABE) Children can be victims of offences and can also be affected by crime even if they are not themselves victims or witnesses. A child may be seriously affected by, for example, domestic violence, even if not present in the same room as the offence is committed.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.

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. Ensuring that children grow up in circumstances consistent with the provision of safe and effective care 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.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; It is crucial that prosecutors are fully conversant with these rules. The key rules are highlighted below: