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Lord Bradley
Type
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Bradley, Lord (1)
Legislative stage
Legislation
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Statement on when he plans to implement the special measures for vulnerable or intimidated witnesses recommended in the Speaking up for Justice report. (Info in Library Dep 02/683).
Statement on when he plans to implement the special measures for vulnerable or intimidated witnesses recommended in the Speaking up for Justice report. (Info in Library Dep 02/683).
Asked by
Bill Rammell
(Labour)
Answered by
Lord Bradley
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
22 January 2002
For answer on
23 January 2002
Answered on
23 January 2002
Mr. Rammell: To ask the Secretary of State for the Home Department when he plans to implement the special measures for vulnerable or
intimidated witnesses recommended in the "Speaking up for Justice" report. [30364]
Mr. Keith Bradley: The "Speaking up for Justice" report on vulnerable or intimidated witnesses in the criminal justice system
published in 1998 proposed a range of special measures available for use at the trial including: video-recorded statements to
replace the evidence-in-chief video-recorded pre-trial cross-examination live TV links screens around the witnesses box so that the
witness does not need to face the defendant in court removal of wigs and gowns assistance with communication if necessary, including
the use of an intermediary; and power for the judge to clear the public gallery in cases involving sexual offences or intimidation
so the witness can give evidence in private.
The measures requiring legislation were included in Part II of the Youth Justice and Criminal Evidence Act 1999.
Implementation of the special measures will be phased as we have an opportunity to see how they are working.
The implementation in the Crown court will take place six months from today to allow a lead-in for the agencies to conduct training
and preparation. All the special measures will be implemented for vulnerable witnesses, with the exception of intermediaries and
pre-trial cross-examination which will be subject to pilot projects. The same measures, with the added exception of video-recorded
statements, will be implemented at the same time for intimidated witnesses.
All other measures will be introduced in 2003-04 for all qualifying witnesses.
In magistrates courts implementation of special measures in July 2002 will be restricted to TV links and video recorded evidence for
child witnesses in cases involving sexual offences, violence (including threats) and cruelty. This would provide protection for
children in cases involving assaults, muggings and domestic violence. It would also bring the adult magistrates courts into line
with the current provision in the Youth court.
Most of the measures will be extended to magistrates courts by 2003-04 (after their evaluation in the Crown court) to bring them in
line with the Crown court.
A whole range of guidance and training materials for the criminal justice agencies are being published tomorrow including:
Recognising Capability--a training programme for those in the criminal justice system working with vulnerable or intimidated
witnesses Achieving Best Evidence in Criminal Proceedings: Guidance on vulnerable or intimidated witnesses including children
Vulnerable Witnesses: A Police Service Guide Adult pre-trial therapy Early Special Measures Meeting between the Police and Crown
Prosecution Service and Meetings between the Crown Prosecution Service and Vulnerable and Intimidated Witnesses: Practice.
Copies of these publications will be placed in the Library.
Over the next couple of years we will also be starting pilot projects on video-recorded pre-trial cross- examination and the use of
intermediaries.
Subjects
Children; Criminal proceedings; Courts; Crown Court; Evidence; Intimidation; Pilot schemes; Protection; Magistrates' courts; Training; Sexual offences; Witnesses; Video recordings
Date
23 January 2002
Reference
30364; 378 c944-5W
House
House of Commons