YJCEA Study guides, Class notes & Summaries

vTOPIC_12_13_19_AND _20 BPP University College LAW TOPIC 12 - PRELIMINARY ISSUES RELATING TO WITNESSES COMPETENCE AND COMPELLABILITY Meaning of Competence and Compellability F4.1 A witness is competent if the witness may lawfully be called to testify, and is compellable if, being competent, the witness may lawfully be compelled by the court to testify. As to securing the attendance of a witness, whether by witness order or witness summons, see D15.91 et seq. and D22.32 et seq. General...

Includes: - The CPR Rules (As amended in Oct 2016) - Types of hearings - Case Law on Hearings in Chambers - General Rules on Excluding the Public - What kinds of orders can a judge make – s4(2) CCA? - Other Media Restrictions: Victims of Sex Offences & Anonymity of Witnesses - Youth Justice and Criminal Evidence Act 1999 – Special Measures - Anonymity for Suspects / Adult Witnesses - Anonymity Orders - The narrowness of Anonymity given to Vs - Children & Young Persons – (1) CSFA 2010 - s39...

First page: establishes who is eligible for a special measures direction according to statute and which factors are included in this. It then moves on to state what happens once eligibility is determined. Second page: this visually lists the types of special measures available for witnesses and which statutes/sections govern this. Third page: this shows which measures are available for the accused rather than witnesses and which conditions need to be met for these to apply. It also looks at the ...