The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or young person under 18. Age of criminality Prosecutors should make timely enquiries as to how and when the child witness will refresh their memory so as to be sure that it will be done. The Sexual Offences (Amendment) Act 1992 creates an automatic prohibition on the publication of details that identify a victim of rape or other serious sexual offences, and there is a similar provision in respect of victims of female genital mutilation under schedule 1 to the Female Genital Mutilation Act 2003. Section 45, which disapplies section 38 of the Children and Young Persona Act 1933, provides that a court may direct that no matter pertaining to any person concerned in the proceedings can, while they are under 18, be included in any publication if said inclusion is likely to lead members of the public to identify them as a person concerned in the proceedings.

There are also automatic reporting restrictions on certain pre-trial hearings (see the Contempt of Court, Reporting Restrictions and Restriction on Public Access to Hearings legal guidance). However, such restrictions generally only last until the conclusion of the trial(s). Retention of confidential material provided to the court (such as unedited witness statements) is covered in Crim PD V 18D.24, and, as an alternative to being stored in secure conditions by the court officer, the court may give a direction that such material be committed to the safe keeping of the applicant or any other person, which in practice should be the police not the CPS. Special CounselSection 17(1) YJCEA 1999 provides that a witness is eligible for special measures if the quality of evidence given by that witness is likely to be diminished by reason of fear or distress in connection with testifying in the proceedings. The CPR permit the court to vary this timetable, even after the expiry of the time limits.(Rule 22.8) Successfully prosecuting offenders who pose a danger to children, so that the courts can impose sentences that protect children. In appropriate cases, the use of a Registered Intermediary should be considered to assist advocates to assess understanding. Further information about Registered Intermediaries can be found in the Special Measures Legal Guidance.

If the victim is a very young child and both parents are defendants then no letter should be sent. It would normally be inappropriate to write directly to a child under twelve in any circumstances. If the victim is a child of twelve or over it may be appropriate to write to them, as well as the parent/carer. If the victim is a child looked after by the local authority, the letter should be sent to the guardian and, if sufficiently old, the child. Minimising delay between the memory refreshing stage and the trial should be balanced against the ability of the child to concentrate through two viewings on the same day. Some child witnesses may prefer to watch the VRI at least a day before the trial. Some find it convenient to watch the VRI when they attend court for the orientation visit. Others prefer to keep the two tasks separate, as time may be limited for the orientation visit and there is already a great deal of information for them to take in. Prosecutors also need to consider if a prosecution is likely to have an adverse effect on the victim’s physical or mental health, always bearing in mind the seriousness of the offence, the availability of Special Measures and the possibility of a prosecution without the participation of the victim. There are no particular provisions that differ in respect of child witnesses. However, prosecutors should bear in mind the particular need to avoid delay and to ensure that disclosure issues are dealt with expeditiously, especially where third party disclosure issues are involved - for example, material held by the Social Services or by the Local Safeguarding Children Boards. The Trial Introduction It is good practice to give witnesses an indication of the time they are likely to have to wait, to minimise the waiting time at court for children and to arrange for them to be at court for the shortest possible time.

However, principles such as the right to be confronted by an accuser and open justice can on occasion act as a barrier to justice. This can include where potential witnesses may fear that if their identity is revealed to the defendant or their associates, or to the wider public, then they or their family or friends will be at risk of serious harm. This can arise, in particular, in cases of homicide or other serious violence, organised crime, and terrorism. Where possible, agreement should be reached with the local authority or parties' solicitors as to the extent and timing of any disclosure. This should help to avoid a court hearing. If agreement cannot be reached, the applicant party should be informed in writing, with reasons, why no or only partial disclosure can take place. The letter is likely to be placed before the family court Judge and all reasons should be fully articulated. Non-Recent and Institutional Cases Non-Recent cases

The child victim or witness are automatically entitled to (s16 YJCEA) and can access a variety of Special Measures: removing wigs and gowns, using a live or remote link, screens, Registered Intermediaries and 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) Whatever the offence, prosecutors should consider the position of the child and what can be done, having regard to the role and the powers of the prosecutor, to safeguard the child. Prosecutors should have the ABE guidance (‘Achieving Best Evidence’ which provides detailed recommended procedure for interviewing child witnesses) in mind when reviewing cases in which a child is a victim or witness. In cases involving children either as victims or as witnesses, delay should be kept to a minimum to reduce the levels of stress and worry about the process that the child may feel.Although the guidance is advisory and does not constitute a legally enforceable code of conduct, significant departures from the guidance may have to be justified in court if relied upon by the defence to challenge part or all of the evidence of the witness. Viewing the visual evidence As a starting point, the younger the suspect, the less likely it is that a prosecution is required. Section 45 YJCEA 1999 provides for discretionary reporting restrictions for those under 18 who are defendants or witnesses in other criminal proceedings. Again, prosecutors should note that such restrictions will lapse once the person in question reaches the age of 18: section 45(3) states that it applies “while he is under the age of 18”. This anonymity will remain until that person reaches the age of 18 unless, under s.45A (YJCEA 1999), the criminal court grants life-long anonymity to child victims and witnesses. Consistently with the law in relation to adult defendants, there is no power under s.45A to grant life-long anonymity to juvenile defendants. The YJCEA was introduced with a view to facilitating the ability of vulnerable and/or intimidated witnesses to give evidence efficiently and safely in criminal court proceedings. The principal aim, therefore, is to strengthen the hand of the prosecution in criminal cases by allowing vulnerable witnesses to access a range of measures designed to improve the quality of evidence given and to allow testimony from witnesses that might previously have been unable to participate, and so would have been considered incompetent to give such testimony.

Advocates should ensure that the witness understands the procedures and is given an opportunity to ask questions. It should not be assumed that the child has understood what has been said, even if they say they have. This is particularly so where a child has learning disabilities as such children are more likely than others to say they understand something that they do not; this may come from a desire to please or may be a learned response aimed at avoiding trouble. Where a court makes such a direction, section 11 of the Contempt of Court Act 1981 provides that the court may also prohibit the publication of that name or matter in connection with the proceedings. Prosecutors should consider asking the court to impose such a restriction to reduce the risk that that anyone with knowledge of the witness’s name could publish it. This is all the more important in the age of social media and instant communication.Prosecutors should consider all of the questions under the Public Interest section 4.14 of The Code: