PART 12EVIDENCE

CHAPTER 6Special measures directions

Interpretation of Chapter 674

1

In this Chapter—

  • eligible witness” means a witness eligible for assistance by virtue of rule 75 or 76;

  • intermediary” has the same meaning as in section 29 of the 1999 Act;

  • F1“modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

    1. a

      an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

    2. b

      an offence of attempting or conspiring to commit such an offence; or

    3. c

      an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;

  • sexual offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

    1. a

      F2an offence which is—

      1. (i)

        an offence under Part 1 of the Sexual Offences Act 2003, or

      2. (ii)

        a relevant superseded offence as defined by section 62(1A) of the 1999 Act (meaning of “sexual offence” and other references to offences);

    2. b

      an offence of attempting or conspiring to commit, or of aiding, abetting, counselling or procuring or inciting the commission of, such an offence; or

    3. c

      an offence under Part 2 of the Serious Crime Act 2007 M1 (encouraging and assisting crime) committed in relation to such an offence;

  • special measures direction” means a direction providing for one or more of the special measures available in relation to a witness to apply to evidence given by the witness;

  • the special measures provisions” means the provisions of Chapter 1 of Part 2 of the 1999 Act applied by an order under section 61(1) of that Act.

2

In this Chapter—

a

references to the quality of a witness's evidence are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a witness's ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively); and

b

references to the special measures available in relation to a witness are to be construed in accordance with rule 77.