Youth Justice and Criminal Evidence Act 1999

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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 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. As noted above (under ‘General procedure’), unless the court otherwise directs, the applicant must identify the witness to the court. This general principle should be followed wherever possible. However, where the witness is a police officer or a member of another agency responsible for the investigation of criminal offences, such as an undercover officer, it will often be appropriate to ask the judge to exercise their discretion under section 87(2)(a) of the 2009 Act not to be informed of the identity of the witness. Where possible, agreement should be reached with the local authority or parties' solicitors as to the extent and timing of any disclosure. This should help to avoid a court hearing. If agreement cannot be reached, the applicant party should be informed in writing, with reasons, why no or only partial disclosure can take place. The letter is likely to be placed before the family court Judge and all reasons should be fully articulated. Non-Recent and Institutional Cases Non-Recent cases Section 45 YJCEA 1999 provides for discretionary reporting restrictions for those under 18 who are defendants or witnesses in other criminal proceedings. Again, prosecutors should note that such restrictions will lapse once the person in question reaches the age of 18: section 45(3) states that it applies “while he is under the age of 18”.

Those permitted inside the court include the usual participants in cases heard in court; ranging from officers of the court, to the parties, parents and guardians, and bona fide members of the press. 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. In some areas the Crown Court may start trials in the afternoon so that preliminaries can be dealt with in the absence of the child witness. The child can then attend the next morning and is likely to be fresher and more alert. The court must give every party to the proceedings the opportunity to make representations, but it has the power to consider matters in the absence of a defendant (section 87(6) and (7) and CPR 18.18(1)(b) and (2)); and, There is a general prohibition on the admission of previous sexual history evidence and on questions about previous sexual history unless the court gives leave.

Changes over time for: Section 45A

The CPR permit the court to vary this timetable, even after the expiry of the time limits.(Rule 22.8) Completion of sexual quizzes on the internet - R v Ben-Rajab and Baccar [2012]1Cr App R4, in which the Court of Appeal took the view that the expression is wide enough to embrace the activity of viewing pornography or engaging in sexually-charged messaging over a live internet connection and included answering questions in a sexually explicit quiz; If the VRI has been edited, for example to remove inadmissible material, this should be explained to the child so that they are not confused when the recording does not match their recollection of the interview. Procedures and time limits are set out in Section 43 of the Youth Justice and Criminal Evidence Act 1999 and Part 22 Criminal Procedure Rules 2020. In relation to the evidential stage, there may be situations in which the age or maturity of the child may raise a question as to whether or not they are capable of giving understandable evidence or being cross-examined. It is important not to make assumptions based on age alone. Each child is an individual and will have different levels of maturity and ability.

Prosecutors will need to consider in appropriate cases such as domestic abuse, child sexual abuse, neglect or cruelty whether to make enquiries through the police of the local authority solicitors about family proceedings. There can be considerable benefits to be gained where agencies and authorities establish close working relationships to work together to safeguard and promote the welfare of children. Gateway 1 - Section 41(3)(a) Evidence or question relates to an issue which is not an issue of consent Where it is clear that the credibility of the witness may be in issue (as opposed to just their reliability), the prosecutor must consider the relative importance of the witness’s evidence to the prosecution case and any corroborative evidence. Where the witness’s evidence remains the sole or decisive evidence, it is unlikely that the defendant will be able effectively to cross-examine an anonymous witness. However, each case must be decided on its own facts. Sometimes, even where credibility may be in issue, the prosecution will be able to provide sufficient material to the defence, short of identifying the witness, to allow an effective cross-examination to take place. Information required 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). The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. The measures are collectively known as " special measures".

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’ The Code (4.14(d)) is also concerned with the suspect’s age and maturity at the time of offence. The CJS treats children differently to adults and significance must be attached to the age of a suspect if they are also a child: 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. One of the practical realities affecting the criminal justice system is that the success or failure of many criminal prosecutions depends largely upon the availability, and quality, of evidence given by witnesses. It is also an unfortunate reality that, in many such cases, the witness or witnesses relied upon by the prosecution require assistance or, in extreme cases, protection so as to give the best testimony possible. The issue is perceived to be particularly acute where key witnesses are children and may be required to testify to abuse that they, themselves, have suffered, although the same difficulties often arise with adult victims, for instance in the context of domestic abuse. Securing a conviction, therefore, often turns on the ability of the court system to accommodate the special needs of vulnerable or at-risk witnesses, and in that respect the existing legal and procedural regimes were broadly considered to be inadequate. The Youth Justice and Criminal Evidence Act 1999 (YJCEA) was introduced as part of New Labour’s stated aim of modernising the youth justice system.

The YJCEA was introduced with a view to facilitating the ability of vulnerable and/or intimidated witnesses to give evidence efficiently and safely in criminal court proceedings. The principal aim, therefore, is to strengthen the hand of the prosecution in criminal cases by allowing vulnerable witnesses to access a range of measures designed to improve the quality of evidence given and to allow testimony from witnesses that might previously have been unable to participate, and so would have been considered incompetent to give such testimony. that a refusal of leave might have the effect of rendering unsafe a conclusion of the jury or (as the case may be) the court on any relevant issue in the case 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 will need to consider in appropriate cases (domestic abuse, child sexual abuse, neglect or cruelty, for example) whether to make enquiries through the police of the local authority solicitors, about family proceedings. The Family Procedure Rules 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