ABSTRACT
Sections 16-33 of the Youth Justice and Criminal Evidence Act 1999 provide special measures to protect vulnerable or intimidated witnesses. Witnesses may be eligible for assistance either on the grounds of age or incapacity, under s 16, or on grounds of fear or distress about testifying, under s 17. A witness is eligible under s 16 if he is under the age of 17 at the time of the hearing, or if the court considers that the quality of evidence given by the witness is likely to be diminished because the witness suffers from mental disorder or otherwise has a significant impairment of intelligence and social functioning, or if the witness has a physical disability or is suffering from a physical disorder. Under s 17, a witness other than the accused is eligible for assistance if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings. A complainant in respect of a sexual offence is also eligible for assistance in relation to proceedings in respect of that offence.
