Youth Justice and Criminal Evidence Act 1999

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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. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law…. 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 Advocates should ensure that the witness understands the procedures and is given an opportunity to ask questions. It should not be assumed that the child has understood what has been said, even if they say they have. This is particularly so where a child has learning disabilities as such children are more likely than others to say they understand something that they do not; this may come from a desire to please or may be a learned response aimed at avoiding trouble. that a refusal of leave might have the effect of rendering unsafe a conclusion of the jury or (as the case may be) the court on any relevant issue in the case

The age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 can’t be arrested or charged with a crime. There are other punishments that can be given to children under 10 who break the law. Prosecutors should ensure that it is made clear to potentially eligible witnesses that reporting restrictions are not an anonymity provision and that, unless relevant special measures are granted, those present in court will be able to see and hear the witness in court and reference will be made to them by name.Child witnesses under the age of 18 are automatically eligible to apply for special measures by virtue of section 16 of the YJCEA 1999 and the court just has to satisfy itself that the special measure is likely to maximise the quality of the witness’s evidence before granting an application. The 2018 cross agency protocol ‘ Expedition of Cases Involving Witnesses under 10 Years’ (u10 protocol) states that in all cases the interests of the child should be paramount and the arrangements in the protocol should not override proper and appropriate victim and witness care; including management where appropriate to preclude the need for a child to give evidence at all. The full service of the prosecution case is fixed at 50 days after sending for custody cases and 70 days for bail cases. Bail

Practice Direction 12A (para 5 ‘The Timetable for the Child’): This is to ensure that any procedural steps proposed are considered in the context of significant events in the child's life such as exams, special events and family court proceedings. Prosecutors should take the contents of the Timetable into account when contributing to their own case management procedures in the criminal proceedings.

Those permitted inside the court include the usual participants in cases heard in court; ranging from officers of the court, to the parties, parents and guardians, and bona fide members of the press. 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; One of the practical realities affecting the criminal justice system is that the success or failure of many criminal prosecutions depends largely upon the availability, and quality, of evidence given by witnesses. It is also an unfortunate reality that, in many such cases, the witness or witnesses relied upon by the prosecution require assistance or, in extreme cases, protection so as to give the best testimony possible. The issue is perceived to be particularly acute where key witnesses are children and may be required to testify to abuse that they, themselves, have suffered, although the same difficulties often arise with adult victims, for instance in the context of domestic abuse. Securing a conviction, therefore, often turns on the ability of the court system to accommodate the special needs of vulnerable or at-risk witnesses, and in that respect the existing legal and procedural regimes were broadly considered to be inadequate. The Youth Justice and Criminal Evidence Act 1999 (YJCEA) was introduced as part of New Labour’s stated aim of modernising the youth justice system. To identify any potential areas of cross-examination the defence may later explore. For example, has the child been prompted or led in any way in the interview? Has the interviewer complied with Achieving Best Evidence? Was anyone present in the interview room who should not have been? The rules also require the prosecutor to inform a complainant of the court’s decision as soon as reasonably practicable and explain any arrangements that as a result will be made for them to give evidence. This was already required by the CPS guidance ‘ Speaking to Witnesses at Court’ The court must allow time for this to happen.

To identify sensitive or irrelevant material which may need to be edited out before releasing the tape.

Age of criminality

Child witnesses under the age of 18 will automatically be eligible for special measures by virtue of section 16 of the Youth Justice and Criminal Evidence Act 1999.

Where possible, agreement should be reached with the local authority or parties' solicitors as to the extent and timing of any disclosure. This should help to avoid a court hearing. If agreement cannot be reached, the applicant party should be informed in writing, with reasons, why no or only partial disclosure can take place. The letter is likely to be placed before the family court Judge and all reasons should be fully articulated. Non-Recent and Institutional Cases Non-Recent cases If prosecutors are involved in a case involving a number of victims, particularly of allegations of institutional abuse, they should make enquiries to the police about what led to the witnesses coming forward. The reporting restrictions available depend on the age of the victim, witness or defendant, the nature of the proceedings and the court.and references (in section 41 or this section) to a person charged with an offence accordingly include a person convicted of an offence.’’ Procedure and time limits 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. Prosecutors will need to consider in appropriate cases (domestic abuse, child sexual abuse, neglect or cruelty, for example) whether to make enquiries through the police of the local authority solicitors, about family proceedings. The Family Procedure Rules