Case notes

Human Rights in T v United Kingdom; V v United Kingdom (1999) The

Times, 17 December, in which that court had ruled that there had been

a violation of Art 6(1) of the European Convention on Human Rights

with regard to the trial of the two 11 year old boys convicted of

murdering James Bulger. The Practice Direction states that account

should be taken of the age, maturity and development of the young

defendant, that is, a defendant aged under 18 years, to be tried in the

Crown Court; that the trial process should not expose that defendant to

avoidable intimidation, humiliation or distress; that all possible steps

should be taken to assist that defendant to understand and participate in

the proceedings and that regard should be had to the welfare of such a

defendant in accordance with s 44 of the Children and Young Persons

Act 1933. It directs that steps should be taken before the trial to comply

with these principles, for example, a visit by the young defendant to the

courtroom out of court hours to familiarise himself with the layout; or

enlisting the assistance of the police to avoid exposure of the defendant

to intimidation, vilification or abuse, and the court should be ready to

make directions regarding publicity or restricting reporting. It also

directs that further steps should be taken at the trial, for example, that

the trial should, if practicable, be held in a courtroom in which all the

participants were on the same or almost the same level; that the young

defendant should be free to sit with relatives, if he wished; explanations

of the course of proceedings should be given in terms which the young

defendant could understand; so far as practicable, the trial should be

conducted in language which the defendant could understand; frequent

breaks should be provided; robes and wigs should not normally be

worn; and the court should be prepared to limit attendance at the trial

and to make directions regarding publicity or restricting reporting.