CRIMINAL EVIDENCE

The special measures provisions in the Youth Justice and Criminal Evidence Act 1999—which were amended by the Police and Justice Act 2006, s 7 to enable defendants under the age of 18, and those who have attained the age of 18 and suffer from a mental disorder making them unable to participate effectively in the proceedings as a witness giving oral evidence in court, to give evidence by video link—provide the complete statutory scheme by which evidence can be given by video link and which, apart from those statutory provisions, cannot be given by video link.

The provisions are based on the premise that otherwise, evidence to a court should be given by a witness present in court subject to such protective measures short of video link which the court considers to be appropriate, to provide such protection as is necessary to ensure that the witness is able to give evidence properly, fully and without fear.