Youth Justice and Criminal Evidence Act 1999

£6.95
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Youth Justice and Criminal Evidence Act 1999

Youth Justice and Criminal Evidence Act 1999

RRP: £13.90
Price: £6.95
£6.95 FREE Shipping

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to disclose as much relevant material to the defence as possible without identifying the witness, including material that may tend to cast doubt on the credibility, reliability or accuracy of the witness’s evidence”. There are often good reasons why such cases do not come to light at the time of the incidents, beyond the possibility that they are untrue. For example: children are used to being controlled by adults and offenders can be expert at exercising control; they may not even realise until they are older that they have been subjected to abuse; they may only be prompted to reveal what happened to them when they see the pattern being repeated with younger relatives. Children between 10 and 17 can be arrested and taken to court if they commit a crime. Identity of children accused of a crime

The prosecution cannot consent to an application made to avoid the restriction imposed by Section 41. It may be, in some circumstances, that the prosecution might not oppose an application because, for example, the admission of the evidence was necessary to ensure a fair trial. However, whether or not the evidence is admissible is a matter of judgement that can only be exercised by the trial judge. It should be noted that the prohibition in section 98(2) refers to 'criminal proceedings' and does not extend to a police investigation. The police may therefore put matters to a suspect in his interview under caution. If adopted, the admissions then become admissible in the criminal proceedings in the usual way - subject to the usual provisions of s.76 and 78 PACE. Disclosure of criminal material to the family courts On 29 June 2018, local authorities began their transition from Local Children's Safeguarding Boards (LSCBs) to the local safeguarding partner arrangements set out in Working together to safeguard children 2018 (Department for Education, 2018a).

Further reading

The court must give every party to the proceedings the opportunity to make representations, but it has the power to consider matters in the absence of a defendant (section 87(6) and (7) and CPR 18.18(1)(b) and (2)); and, Ensuring that children grow up in circumstances consistent with the provision of safe and effective care Where the prosecutor is not able to leave the court to speak with a witness who has just given evidence and been released, it is nevertheless good practice for the prosecutor to thank the witness in open court for attending.

Any material relating to Conditions A to C and to the relevant considerations under section 89 not already provided. Although the main responsibility for children's welfare and safety will usually lie with agencies such as policing, social, health and education services, there is, nevertheless, a role for prosecutors in terms of safeguarding children. Special Measures are a series of provisions that help vulnerable and intimidated witnesses give their best evidence in court and help to relieve some of the stress associated with giving evidence. Special measures apply to prosecution and defence witnesses, but not to the defendant and are subject to the discretion of the court. For child witnesses they can include: Prosecutors should consider all of the questions under the Public Interest section 4.14 of The Code:Those permitted inside the court include the usual participants in cases heard in court; ranging from officers of the court, to the parties, parents and guardians, and bona fide members of the press. Trawling' for new potential witnesses is not prohibited. The police have a statutory duty to investigate allegations of child abuse, regardless of whether they relate to contemporary or past events. Prosecutors should certainly enquire as to whether and how it has been done and consider the implications for any evidence that arises. Any initial approach by the police to former residents should, so far as possible, go no further than a general invitation to provide information to the investigation team. The court process

The Code (4.14(d)) is also concerned with the suspect’s age and maturity at the time of offence. The CJS treats children differently to adults and significance must be attached to the age of a suspect if they are also a child: the hearing of an application under paragraph 5(1) of Schedule 6 to the Criminal Justice Act 1991 (application to dismiss charge following notice of transfer of case to Crown Court),The child victim or witness can also give a pre-trial visual recorded cross-examination or re-examination. This can be applied for where there has been a s27 direction for a visual recorded interview to be admitted as evidence and when a victim or witness meets the vulnerable criteria. A visual recorded examination will be automatically admissible, upon application, unless this would not be in the interests of justice or would not maximise the quality of the complainant’s evidence. ( s28 YJCEA). Code for Crown Prosecutors (the Code) Evidential stage whether the police have any reason to believe that the witness may not provide truthful evidence to the court.



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