Special measures
It can be very frightening giving evidence in court, and even more so if you are a vulnerable or intimidated victim or witness.
The court might decide to give you extra support and protection in different ways to help you communicate and make you feel more comfortable when you give your evidence. These are known as ‘special measures’ and can include:
- putting screens or curtains around you in the courtroom so you can’t see the defendant
- giving evidence by live video link, so you don’t have to sit in the courtroom
- video recording your interview so it can be played to the courtroom
- video recording your cross-examination in advance and having it played to the courtroom so you don’t have to attend the trial
- asking the public to leave the courtroom while you give evidence
- asking the judge and barristers to remove their wigs and gowns to make the process less intimidating
- getting specialist help to understand questions and communicate answers through registered intermediaries
- additional communication aids, such as computers, voice synthesisers, symbol boards and books
Special measures can also be used together. For example, you might give evidence by live video link, with a curtain between the screen and the defendant so they can’t see you on the screen.
Special measures are not automatically available to everyone. The court might decide they’re needed if you:
- are under 18 years old
- have a physical or mental health disability or condition that would affect your ability to give your best evidence in court (this could include learning or social functioning difficulties)
- are suffering from fear or distress in relation to testifying in the case
- are a victim or witness of sexual offences, modern slavery, domestic abuse or certain offences involving guns and knives
- are the victim or witness of a serious crime (for example, a murder or terrorist attack)
The police will talk to you about which special measures would help you give your evidence. They will let the Crown Prosecution Service (CPS) know what special measures have been chosen and why.
The CPS will apply to the court for permission to use special measures and explain to the judge why they think they will help you to give your best evidence.
The judge will then decide which special measures to approve.
The police will let you know what the judge has decided and explain to you how the special measures will be used at court.
What happens next
Find out about the court reaching a verdict and sentencing.
Glossary
Intermediary
A person who can help you understand what is being said in court. They can also help other people in court understand your answers to any questions.
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