Part II Giving of evidence or information for purposes of criminal proceedings

C1C2Chapter I Special measures directions in case of vulnerable and intimidated witnesses

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2

C2

Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))

Preliminary

I1C5C4C317 Witnesses eligible for assistance on grounds of fear or distress about testifying.

1

For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this subsection 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 subsection (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—

i

the accused,

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 subsection unless the witness has informed the court of the witness’ wish not to be so eligible by virtue of this subsection.