Witness Special Measures

Special measures are adaptations to the way a witness gives evidence in court, available under Part II of the Youth Justice and Criminal Evidence Act 1999 (YJCEA). They are designed to improve the quality of evidence — completeness, coherence, and accuracy — from witnesses who might otherwise be disadvantaged by the formal court environment.

There are two categories of eligible witness:

Vulnerable witnesses (section 16 YJCEA) include:

• All witnesses under the age of 18 (automatically eligible)
• Witnesses with a mental disorder or significant impairment of intelligence and social functioning
• Witnesses with a physical disability or physical disorder

Intimidated witnesses (section 17 YJCEA) include witnesses whose quality of evidence is likely to be diminished because of fear or distress about testifying. Factors the court considers include the nature and alleged circumstances of the offence, the witness's age, social and cultural background, domestic and employment circumstances, and any behaviour of the accused or their associates. Complainants in sexual offences, human trafficking, and modern slavery cases are automatically eligible as intimidated witnesses.

The YJCEA 1999 provides a range of special measures that the court can direct:

• Screens (section 23): Screens are placed around the witness box to prevent the witness from seeing the defendant. The judge, lawyers, and jury can still see the witness.
• Evidence by live video link (section 24): The witness gives evidence from a separate room within the court building (or from another location) via a video link. The witness can see the questioner and the court can see the witness.
• Evidence given in private (section 25): In sexual offence or human trafficking cases, the public and media can be excluded from the courtroom while the witness gives evidence.
• Removal of wigs and gowns (section 26): The judge and barristers remove formal court dress to make the environment less intimidating for younger witnesses.
• Pre-recorded video evidence-in-chief (section 27): A video recording of the witness's police interview (an Achieving Best Evidence or ABE interview) is played to the jury instead of the witness giving live evidence-in-chief. The witness still attends to be cross-examined (unless section 28 also applies).
• Pre-recorded cross-examination (section 28): Cross-examination (and re-examination) is recorded before trial, removing the need for the witness to attend court at all. This is available at all Crown Courts following national roll-out.
• Examination through an intermediary (section 29): A Registered Intermediary — a professional trained in communication — assists the witness in understanding questions and assists the questioner in understanding the witness's answers. Intermediaries do not speak for the witness but facilitate communication.
• Aids to communication (section 30): Communication aids such as symbol boards, letter boards, or voice synthesisers may be used if needed.

Witnesses under the age of 18 are automatically eligible for special measures as vulnerable witnesses. In cases involving sexual offences, violent offences, and modern slavery offences, the court has a presumption in favour of making a special measures direction for child witnesses — specifically:

• Pre-recorded video interview as evidence-in-chief (section 27), and
• Live video link for cross-examination (or section 28 pre-recorded cross-examination if available)

This means that for child witnesses in these offence categories, the default position is that they will not give live evidence in the courtroom at all. The prosecution must apply for any departure from this position.

Complainants in sexual offence proceedings are automatically eligible as intimidated witnesses (section 17(4)) and the court is required to give a special measures direction for them unless the witness does not wish to have one.

In all cases, the witness's own wishes are a relevant factor. A witness can decline special measures if they prefer to give evidence in the conventional way — but they should be given full information about what is available before making that decision.

Special measures are applied for by the prosecution (for prosecution witnesses) or defence (for defence witnesses) using a Special Measures Application form submitted to the court. The application sets out which measures are sought and the grounds for eligibility.

If you are a witness and want to know whether you are eligible for special measures:

• Contact the police officer dealing with your case — they should discuss special measures with you and pass your views to the Crown Prosecution Service (CPS).
• Contact the Witness Service (run by Citizens Advice) at the court — they can explain what special measures are available and support you through the process.
• Tell the CPS or prosecution barrister your wishes — the prosecution must take your views into account when making an application.

Even if you are not in a category that qualifies for automatic measures, you can ask for an assessment. The court has a broad discretion to make directions for intimidated witnesses and will consider all circumstances.