General

Question 1

Requires court to have regard to best interests and views of witness

Answer 1

S.10 1995 act

Question 2

Determining vulnerable adult

Answer 2

A) nature and circumstances 
B) nature of evidence 
C) relationship 
D) age and maturity
E) behaviour 
F) other factors

Question 3

S271H 2004 Act

Answer 3

Supporter, tv link, screen, commission, admission of prior statement

Question 4

Attentive to the needs of the witness, but not to the extent that the perception of fairness of the proceedings if affected

Answer 4

Mckie v HMA

Question 5

Regard must be had to fairness of trial and measures

Answer 5

Davis

Question 6

A vulnerable witness, s271(1) 1995 act

Answer 6

Significant risk that the quality of evidence will be diminished if by reason of a) mental disorder; b) fear or distress

Question 7

If SM’s granted not result in the accused having an unfair trial

Answer 7

Smith v HMA

Question 8

W Children, baroness Hale

Answer 8

Balance need for evidence against harm, take current research

Question 9

Scotland legislation

Answer 9

• criminal procedure (Scotland) act 1995
• VW’s (S) 2004
• victims and witnesses (s) act 2014

Question 10

England and Wales legislation

Answer 10

Youth justice and criminal evidence act 1999
Criminal justice act 2003
Criminal evidence (witness anonymity) act 2008

Question 11

If complainants treated badly, dissuaded from testifying, successful prosecutions unsustainable

Answer 11

Robert and Zuckerman

Question 12

Witnesses should be treated with respect

Answer 12

Arts 3 and 8

Question 13

Evidence and Procedure review

Answer 13

• definition of vulnerability too broad

- identification not always easy

Question 14

Ellison and Munro

Answer 14

Impact negatively on jury assessments, not see demeanour, sympathise I’d see complainer

Question 15

S274 criminal procedure

Answer 15

Prevents the risk of prejudice being created in the mind of the jury against the complainer - Duff

Question 16

S275 exception to s274

Answer 16

If probative value outweighs any prejudice to proper administration of justice

Question 17

So relevant to the issue of consent that to exclude it would endanger the fairness of the trial under article 6

Answer 17

R V A, Lord Hope

Question 18

R v Hughes

Answer 18

Right to confront witness, basic to any civilised notion of fair trial

Question 19

R v Davis

Answer 19

Defendants right to fair trial infringed, sole evidence

Question 20

Makes it appear the complainant is on trial

Answer 20

Richard Buxton

Question 21

Sexual crimes constitute…

Answer 21

75% of workload

Question 22

Lady Dorian

Answer 22

Finding ways to take their evidence in an environment and manner that does not harm them

Question 23

40% withdrew

Answer 23

England and Wales