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Home Office

Answer

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department whether prisoners acting as witnesses in an institutional abuse case are eligible to have their evidence video recorded and given as their evidence-in-chief under the Youth Justice and Criminal Evidence Act 1999. [197445] Ms Blears: In criminal proceedings witnesses may be provided with special measures assistance under the Youth Justice and Criminal Evidence Act 1999 if they satisfy the definition of eligible witnesses contained in sections 16 and 17 of the Act. These provisions operate irrespective of whether or not the witness is in prison. The special measures include provision for the admission of a video recording as evidence in chief of the witness. Witnesses eligible for assistance by virtue of section 16 are: children aged under 17 years at the time of the hearing; and other witnesses whose quality of evidence is likely to be diminished by reason of a mental disorder or a learning disability or a physical disability or disorder. Witnesses whose quality of evidence is likely to be diminished because of their fear and distress in connection with testifying are eligible by virtue of section 17. These definitions include complainants and witnesses for the prosecution or the defence but the accused is specifically excluded. Video recorded evidence in chief is currently available to all section 16 witnesses in the Crown Court. It is available to child witnesses in sexual offences, offences of violence, threats, abduction, kidnapping and cruelty in magistrates' courts. Other than in a limited number of pilot courts this special measure is not currently available to witnesses who would only be eligible by virtue of section 17.

Secondary information

Type

Written question

Reference

426 c1605W;426 c1608W; 197445

Session

2003-04

Subjects

Children Abuse Evidence Offenders Prisoners Witnesses Video recordings

Link

View this Written question on www.publications.parliament.uk