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Home Office

Answer

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what alternatives to court attendance are available for witnesses in sex offence cases. [196645] Paul Goggins: The Youth Justice and Criminal Evidence Act 1999 provides a range of measures to assist vulnerable or intimidated witnesses to give their best evidence. The special measures include video-recorded evidence in chief and live links. These provisions enable a witness to give their evidence from outside the courtroom and, in some cases, the witness may not have to attend the court building at all. Sections 16 and 17 of the 1990 Act define the categories of witness eligible for special measures. Complainants in sexual offence proceedings are automatically eligible witnesses by virtue of section 17 unless they say that they do not want to be. All witnesses aged under 17 at the time of the hearing are automatically eligible witnesses by virtue of section 16. Other witnesses will be eligible for assistance if the court determines that the quality of their evidence would be diminished by reason of a mental disorder, or a learning disability or a physical disability or disorder (under section 16) or because of their fear and distress at testifying (section 17). All child witnesses in sexual offence cases are entitled to have a video recording admitted as their evidence in chief and otherwise give their evidence via a live link unless the court decides that this would be against the interests of justice. For adults the court needs to be satisfied that the provision of special measures would improve the quality of the witness' evidence. The introduction of special measures is being phased to enable evaluation of how they are working and to provide time for agencies to prepare for full implementation. Video recorded evidence in chief is available in all cases in the Crown Court to all witnesses eligible under section 16, which includes all child witnesses. It is also available to child witnesses in sexual offence cases heard in magistrates' courts. Additionally, this measure is available to witnesses eligible under section 17 in a limited number of pilot courts. Live links are available to all section 16 or section 17 witnesses in the Crown Court and to child witnesses in sexual offence cases in magistrates' courts. Live links are also available to adult witnesses as a pilot in West London Magistrates' Court.

Secondary information

Type

Written question

Reference

196645; 426 c1141-2W;426 c1145-6W

Session

2003-04

Subjects

Children Evidence Intimidation Young people Sexual offences Witnesses Video recordings Video conferencing

Legislation

Youth Justice and Criminal Evidence Act 1999

Link

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