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Evidence (1)

Overview - Special Measures Direction s16 Youth Justice and Criminal Evidence Act 1999.

3/5/2017

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Special Measures Direction under s16 Youth Justice and Criminal Evidence Act 1999
The reasons for special measures direction should be given in the open court. 
In term of eligibility, s16(1)(a) of Youth Justice and Criminal Evidence 1999 provides the provision of witness under 17 years old. 
s16(2)(a)(ii) of Youth Justice and Criminal Evidence Act 1999 will focus on witness suffering from intellectual impairment or impairment in social functioning.
s16(2)(b) Youth Justice and Criminal Evidence act 1999 will consider the witness who suffer from physical or mental disorders.
s17(1)-(4) Youth Justice and Criminal Evidence Act 1999 are towards the non child who witness who suffer from distress or fear. 

The types of special measures available include:
screening as in s23 Youth Justice and Criminal Evidence Act 1999
Live link as in s24 Youth Justice and Criminal Evidence Act 1999
Evidence in Private as s25 Youth Justice and Criminal Evidence Act 1999
Removal of wigs or gowns as in s26 Youth Justice and Criminal Evidence Act 1999
Pre Recorded examination in chief as in s27 Youth Justice and Criminal Evidence Act 1999
Pre Recorded Cross Examination as in s28 Youth Justice and Criminal Evidence Act 1999
Witness being examined through intermediary as in s29 Youth Justice and Criminal Evidence Act 1999
Aids provided in communication as in s30 Youth Justice and Criminal Evidence Act 1999

Jury should receive judicial warning to avoid any direction that prejudice the accused as in s32
Youth Justice and Criminal Evidence Act 1999

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