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Coroners and Justice Bill

The provisions in Clause 86 form part of the Government’s strategy to tackle gun and knife crime, which tends to see high levels of witness intimidation. The aim is for this provision to give witnesses to such crimes reassurance at an early stage in the investigation that they will be eligible for special measures assistance should that be needed to give evidence in court. In turn, we hope that this will encourage more witnesses to these offences to come forward. Eligible witnesses are able to opt out should they not require special measures assistance. While the Bill makes eligibility for special measures automatic for the class of witness, the court will continue to have full discretion to determine which special measures, if any, should be available to any particular witness. In determining this, the court must consider which, if any, of the measures would be likely to improve the quality of evidence given by the witness and whether the measures might inhibit the evidence being effectively tested. It is unlikely that a court would decide that certain witnesses needed the assistance of special measures to improve the quality. Essentially, the court will have the test of whether it might inhibit the evidence being effectively tested. Clause 87 amends the existing legislation by creating one rule for all child witnesses and by providing greater flexibility in the way in which young witnesses may give their evidence. This responds to concerns that the present provisions are too rigid and do not give young witnesses any choice about the way in which they give their evidence. The clause abolishes the distinction between child witnesses in cases involving sex or violence and child witnesses to other types of offence. It provides a presumption that all child witnesses, regardless of the type of offence, will give their evidence via video-recorded statement and live link, unless this would not maximise the quality of their evidence. However, it also provides that the witness may opt out of giving evidence this way, wholly or in part, subject to the agreement of the court. If child witnesses wish to give evidence in the courtroom, there is a presumption that they will do so behind a screen. Should witnesses not wish to use a screen, they will have a further opportunity to opt out, again subject to the agreement of the court. We are committed to helping vulnerable child witnesses to give evidence in the best way possible for them in court, in a way that reduces the trauma of the experience and enables them to give their evidence. The current system, established by the Youth Justice and Criminal Evidence Act 1999, is based on the view that all children should be protected from giving evidence in the courtroom, particularly witnesses to offences of sex and violence. Thus, at present, child witnesses in these cases, regardless of their views, must give their evidence in chief via video-recorded statement and live link, unless to do so would not be in the interests of justice. However, these provisions have been criticised for their complexity and inflexibility. After six years, independent research shows that many young witnesses want more choice in the way in which they give their evidence. This view was supported by a review of child evidence that led to a public consultation exercise in 2007. The vast majority of respondents to that exercise were largely in favour of this change. I assure noble Lords that the provision will not reduce the protection offered to young witnesses but will ensure that special measures are flexible and tailored to the needs of an individual witness, rather than assuming that all young witnesses are the same.