Special Measures

Special measures are changes that make it easier for a witness to participate at court.

Child witnesses

All child witnesses are automatically entitled to use special measures (the judge must be asked and agree to them).1 Child defendants are not automatically entitled to special measures (see below).

Special measures2 are:

• use of screens (to ensure a witness does not see the defendant)3
• live link (allows a witness to give evidence from outside the courtroom)4
• giving evidence in private (asking the public and the press to leave court)5
• removal of wigs and gowns (only relevant at the Crown Court)6
• pre-recorded evidence (ABE interview)
• pre-trial visual recorded cross-examination or re-examination in the Crown Court7
• use of an intermediary8
• other aids to communication (using an interpreter, communication aid or technique)9

These measures are not exclusive of each other and can be used in combination where appropriate. For all child witnesses, there is a presumption that they will give their evidence in chief by video recorded interview, and any further evidence by live link unless the court is satisfied that this will not improve the quality of the child’s evidence. However, a child witness may opt out of giving their evidence this way.

Where they opt out there is a presumption that they will give their evidence in court from behind a screen. The Young Witness Initiative is a protocol between the police, Crown Prosecution Service (CPS) and Her Majesty's Courts and Tribunals Service (HMCTS) to fast-track cases involving a witness who is under the age of 10. This protocol aims to bring these cases to trial much more quickly in order to give the child witness the best chance of remembering the incident and to make the criminal justice process less stressful for them.

Child defendants

Child defendants are not automatically entitled to special measures, but there is a duty to ensure the defendant can effectively participate.10

There are two statutory special measures available:

• live link (allows a defendant to give evidence from outside the courtroom)11
• use of a registered intermediary when giving evidence12

There are also a wide variety of modifications to enable child defendants to effectively participate and give their best evidence:

• Modifications in the Youth Court
• Modifications in the Crown Court

Court Lawyers representing child defendants can argue that the modifications to the trial process available to child witnesses through special measures should be available to child defendants to ensure they receive a fair trial: “..there remains the obligation to ensure a fair trial and, in particular, to see that a defendant does not suffer injustice through inequality of arms.”13