Witnesses Flashcards
Sit wit definition ?
Those who have or claim to have witnessed visually or otherwise an indictable offence, part of such offence or events closely connected with it and/or have a particular relationship to the victim or have a central position in the investigation.
Vulnerable witness ? (4)
Sec 16 Youth & Criminal
Evidence Act 99
Under 18
MH disorder
Physical disability
Significant impairment of social functioning.
Intimidated witness Sec 1 YCEA - when their quality of evidence is likely to be diminished by fear or distress due to ? (7)
Nature of offence Age Background Beliefs Behaviour by accused Knife crime Sexual offence
Who makes anonymity order ?
Judge
What offence qualifies for anonymity?
Murder / manslaughter
Death caused by gun/knife
Special measures ? Sec 17 YCEA (8)
Screens Live link Evidence given in private Removal of wigs and gowns VRI Pre-trial visual recorded cross examination Examination of witness through an intermediary Aids to communication
Under 10’s principle ?
Protocol between police, CPS, her majesty’s courts and tribunal service.
To fast track cases involving under 10’s and bring trial forward so less stress and best chance of remembering incident.
What is Sec 28 youth and criminal evidence act 99?
Cross examination of vulnerable/intimidated witnesses prior to trial.
What is a deposition warrant?
CPS can request warrant from
Court to place a witness in front of court to give evidence.
They may have given a full account or an unsigned statement.
Process for anon witnesses
Take MG11 as normal
Redact it later
App to super to sign and agree it hits criteria