Part II Giving of evidence or information for purposes of criminal proceedings
C1C2C4C5C6C7Chapter 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))
Pt. 2 Ch. 1 applied (with modifications) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 31(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)
Pt. 2 Ch. 1 applied (with modifications) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 16(1)-(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)
Pt. 2 Ch. 1 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 33(1)(2), 63(2); S.I. 2016/553, reg. 2
Pt. 2 Ch. 1 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(1)(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Preliminary
I1C317 Witnesses eligible for assistance on grounds of fear or distress about testifying.
1
For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this subsection if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.
2
In determining whether a witness falls within subsection (1) the court must take into account, in particular—
a
the nature and alleged circumstances of the offence to which the proceedings relate;
b
the age of the witness;
c
such of the following matters as appear to the court to be relevant, namely—
i
the social and cultural background and ethnic origins of the witness,
ii
the domestic and employment circumstances of the witness, and
iii
any religious beliefs or political opinions of the witness;
d
any behaviour towards the witness on the part of—
i
the accused,
ii
members of the family or associates of the accused, or
iii
any other person who is likely to be an accused or a witness in the proceedings.
3
In determining that question the court must in addition consider any views expressed by the witness.
4
Where the complainant in respect of F4a sexual offence F2or an offence under F3section 1 or 2 of the Modern Slavery Act 2015F4an offence listed in subsection (4A) is a witness in proceedings relating to that offence (or to that offence and any other offences), the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness’ wish not to be so eligible by virtue of this subsection.
F54A
The offences are—
a
a sexual offence;
b
an offence under section 1 or 2 of the Modern Slavery Act 2015;
c
any other offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act).
F15
A witness in proceedings relating to a relevant offence (or to a relevant offence and any other offences) is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness's wish not to be so eligible by virtue of this subsection.
6
For the purposes of subsection (5) an offence is a relevant offence if it is an offence described in Schedule 1A.
7
The Secretary of State may by order amend Schedule 1A.
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