Part II Giving of evidence or information for purposes of criminal proceedings
C1C2Chapter I Special measures directions in case of vulnerable and intimidated witnesses
Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s))
Preliminary
I1C4C5C316 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.
Pt. 2 Chs. 1-3 amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2