Interpretation of Chapter 6U.K.
74.—(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—
an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;
an offence of attempting or conspiring to commit such an offence; or
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—
[F2an offence which is—
an offence under Part 1 of the Sexual Offences Act 2003, or
a relevant superseded offence as defined by section 62(1A) of the 1999 Act (meaning of “sexual offence” and other references to offences);
an offence of attempting or conspiring to commit, or of aiding, abetting, counselling or procuring or inciting the commission of, such an offence; or]
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.
Textual Amendments
F1Words in rule 74(1) inserted (31.7.2015) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/1472), regs. 1, 9(2)
F2Words in rule 74(1) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 17(a)
Marginal Citations