Article summary
HM Courts & Tribunals Service (HMCTS) has published guidance outlining how section 28 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) allows the use of special measures to help children and vulnerable witnesses give evidence in the best way possible. YJCEA 1999, s 28 benefits children and vulnerable witnesses in circumstances where giving evidence in court is particularly distressing and re-traumatising. For example, where a sexual offence has been alleged. One of the special measures under YJCEA 1999, s 28 allows for pre-recorded cross examination of witnesses to take place before trial, regardless of the offence, meaning that they are not required to attend the trial in person. It also allows individuals to put their experiences behind them sooner, rather than wait in anticipation for the trial.
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