- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
5.—(1) For the purposes of this Part a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this paragraph if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.
(2) In determining whether a witness falls within paragraph (1) the court must take into account, in particular—
(a)the nature and alleged circumstances of the offence to which the proceedings relate;
(b)the age of the witness;
(c)such of the following matters as appear to the court to be relevant, namely—
(i)the social and cultural background and ethnic origins of the witness,
(ii)the domestic and employment circumstances of the witness, and
(iii)any religious beliefs or political opinions of the witness;
(d)any behaviour towards the witness on the part of—
(ii)members of the family or associates of the accused, or
(iii)any other person who is likely to be an accused or a witness in the proceedings.
(3) In determining that question the court must in addition consider any views expressed by the witness.
(4) Where the complainant in respect of a sexual offence is a witness in proceedings relating to that offence (or to that offence and any other offences), the witness is eligible for assistance in relation to those proceedings by virtue of this paragraph unless the witness has informed the court of the witness’s wish not to be so eligible by virtue of this paragraph.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: