Part II Giving of evidence or information for purposes of criminal proceedings
Chapter I Special measures directions in case of vulnerable and intimidated witnesses
Preliminary
16 Witnesses eligible for assistance on grounds of age or incapacity.
(1)
For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this section—
(a)
if under the age of 17 at the time of the hearing; or
(b)
if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection (2).
(2)
The circumstances falling within this subsection are—
(a)
that the witness—
(i)
suffers from mental disorder within the meaning of the M1Mental Health Act 1983, or
(ii)
otherwise has a significant impairment of intelligence and social functioning;
(b)
that the witness has a physical disability or is suffering from a physical disorder.
(3)
In subsection (1)(a) “the time of the hearing”, in relation to a witness, means the time when it falls to the court to make a determination for the purposes of section 19(2) in relation to the witness.
(4)
In determining whether a witness falls within subsection (1)(b) the court must consider any views expressed by the witness.
(5)
In this Chapter 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.