Youth Justice and Criminal Evidence Act 1999

Product Information

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. It is CPS policy that all witnesses have an opportunity to refresh their memory before giving evidence in court. A witness may be provided with a copy of their statement on the day of trial; they are not entitled as of right to see their statement or to be sent a copy of it before the day of trial. With regards to viewing visual evidence in chief, how, when and where this is done should be decided upon a case by case basis. The overriding aim is to enable the witness to give their best evidence in court - in particular when being cross-examined. 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 a qualifying offence has been committed (murder or manslaughter where the death was caused by a firearm and/or a knife); Although the guidance is advisory and does not constitute a legally enforceable code of conduct, significant departures from the guidance may have to be justified in court if relied upon by the defence to challenge part or all of the evidence of the witness. Viewing the visual evidence

They will remain anonymous throughout proceedings but these restrictions can be challenged – usually by the media – after proceedings have ended. Process of youth court In R v Barker [2010] EWCA Crim 4, it was stated that it was not open to the judge to create or impose some additional but non-statutory criteria based on the approach of earlier generations to the evidence of young children. In particular, although the chronological age of the child will inevitably help to inform the judicial decision about competency, in the end, the decision is about the individual child and their competence to give evidence in the trial in question. Public interest stage

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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. 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. 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.

The principle of a fair and public trial is enshrined in Article 6 of the European Convention on Human Rights, which includes: The 2013 multi-agency protocol for Good Practice for Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal Cases sets out mechanisms for the appropriate disclosure of police information in family proceedings courts to assist the courts in the determination of any factual or welfare issue within the family proceedings.

Identity of children accused of a crime 

It is important that any conversation and agreement about the Special Measures that will be applied for between the police officer and the prosecutor is recorded by both parties. Timely relaying of the agreed Special Measures to the child witness by the police may help to reduce worry and stress by giving an explanation of the procedures involved. Disclosure

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. to disclose as much relevant material to the defence as possible without identifying the witness, including material that may tend to cast doubt on the credibility, reliability or accuracy of the witness’s evidence”.In a case in which a witness is or may be eligible for anonymity or protection, prosecutors should additionally consider whether reporting restrictions may be appropriate to further protect the witness. Restricting Public Access

if relevant, set out why it is appropriate for the prosecutor to request the court to exercise its discretion under section 87(2)(a) not to be informed of the identity of the witness. 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. c) (relates to consent and the sexual behaviour to which the evidence or question relates is so similar to behaviour which, according to the evidence, took place as part of the event or other behaviour by the complainant at about that time that the similarity cannot reasonably be explained as a coincidence), or Should the judge grant anonymity, then Crim PD 18D.18 lists a number of practical arrangements to be considered by the judge, with the assistance of court staff, to ensure that the witness’s anonymity is not compromised. These are: To be satisfied of the child's ability to understand and communicate and function as a competent witness, with or without the benefit of any special measures;

Advanced Features

It is good practice to give witnesses an indication of the time they are likely to have to wait, to minimise the waiting time at court for children and to arrange for them to be at court for the shortest possible time. At an inter partes hearing the defence will be able to make representations but will not have sight of any sensitive material disclosed to the judge. If considered necessary in exceptional circumstances, the court may invite the Attorney General to appoint special counsel to assist the court. Youth courts deal with offences including theft and burglary, anti-social behaviour and drugs offences. More serious offences are usually transferred to Crown Court but can be dealt with in Youth court How young offenders are dealt with in court 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. 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”.