This guidance, produced by York Human Rights City Network, refers to A Guide to the Crown Prosecution Service website pages for Special Measures. It aims to give straightforward guidance of each of the sections.
‘Introduction’
Explains what special measures are, who they can help, and how prosecutors, police and courts work together to support vulnerable or intimidated witnesses. It also explains how decisions about special measures are made and what information is needed to apply.
‘Witness competence’
Explains who can give evidence in court and how the court decides whether a witness can understand questions and give answers that can be understood. It also explains how special measures may help a witness to give evidence.
‘Eligibility for Special Measures’
Explains who may be eligible for special measures, including children, disabled witnesses and people who may feel fear or distress about giving evidence. It also explains that being eligible does not automatically mean special measures will be granted.
‘Special measures available’
Explains the different types of special measures that may be available to vulnerable and intimidated witnesses, including screens, live links, private evidence, video-recorded interviews, intermediaries and communication aids. It also explains how special measures can be combined to meet the needs of an individual witness.
‘Other provisions to enable best evidence’
Explains other legal provisions that can help vulnerable or intimidated witnesses give their best evidence, including rules about cross-examination and protecting the identity of witnesses.
‘Making an application’
Explains how to apply for special measures, what information should be included in an application, when applications should be made and how the court’s decision is communicated to the witness.
‘Ground Rules Hearings’
Explains what happens at a ground rules hearing and how the court, advocates and intermediary agree how a vulnerable witness will be questioned and supported when giving evidence.
‘Witness memory refreshing’
Explains how witnesses may watch their video-recorded interview before the trial to help them remember what happened and prepare to give evidence. It also explains when this should happen, who can support the witness and how the viewing should be arranged.
‘Information for prosecutors about groups of vulnerable and intimidated witnesses’
Explains considerations for different groups of witnesses, including disabled and LGBT+ adults, children and young people. It also covers reasonable adjustments that can help disabled witnesses give their best evidence.
‘Further information regarding the use of special measures’
Povides links to further guidance and resources about special measures, including guidance on interviewing victims and witnesses, vulnerable witnesses, the Criminal Procedure Rules and the use of registered intermediaries.
‘Annex A – Intermediaries’
Explains what registered intermediaries are, how they can support witnesses with communication needs, and how they are appointed and used during a case. It also provides information about assessments, preparation for trial, ground rules hearings and the costs involved.