Special measures
You may be eligible for extra support in court to help you feel more at ease and to give your best evidence. These are called special measures.
Witnesses who are vulnerable or intimidated can ask for special measures.
You’re a vulnerable witness if you:
- are a young person aged under 18
- have a physical or mental condition or disability which could affect your ability to give your evidence.
You may be an intimidated witness if you’re:
- frightened about giving evidence in court, which may affect your ability to give your evidence
- a victim-survivor of modern slavery
- a victim-survivor of rape or sexual assault
- a victim of a certain crime involving weapons such as knives or guns.
Types of special measures
Before the trial
- Video recorded interview (as your evidence in chief): this is where the police may take a video recording of your account of what happened, rather than taking a written statement. This can also be called your ‘evidence-in-chief’ or ‘achieving best evidence’ interview. The prosecution can apply for this video to be used instead of you having to attend court to give evidence in person. This would be played in court before the trial, so you wouldn’t have to go through everything all over again. You would still be cross-examined (asked questions by the defence barrister) on the evidence in court.
- Video-recorded cross-examination or re-examination: this is when the defendant’s barrister asks you questions about your statement of what happened (called cross-examination). Plus, any follow-up questions the prosecution barrister asks (re-examination).This can all be video recorded under this special measure, meaning you wouldn’t have to attend the trial in person at all. (You may hear this referred to as ‘Section 28’, which is just the section of the law about giving evidence under this special measure.)
During the trial
- Screens in court: screens or curtains can be put up around you in the witness box in court to shield you from the defendant, so that they can’t see you – and you can’t see them – when you’re giving evidence.
- Live video link: you may be able to give your evidence from another room in the court building, or another room elsewhere, rather than have to enter the courtroom. This would be done on the day of the trial. The court would see you giving evidence on a TV in court, but you wouldn’t have to see the defendant
- Removal of wigs and gowns: the judge and barristers in court may remove their traditional wigs and gowns so the courtroom feels less formal and daunting, and you feel more comfortable. This measure is often used for children or young people giving evidence as witnesses.
- Evidence given in private: the courtroom may be cleared of anyone who doesn’t legally need to be there so you can give evidence in private. Eg members of the public in the public gallery, and all but one member of the press – if they’re there.
There are two special measures that are also available to vulnerable witnesses only. These are:
- Intermediaries: Where a witness is vulnerable and may have difficulty understanding questions, an intermediary can be requested. An intermediary is a person who can help you to communicate. They can help you to understand the court process, explain – or ask the court to rephrase – language or questions you don’t understand, and help you to give your best evidence.
- Communication aids: These may be granted to allow a vulnerable witness to give their best evidence. For example, through a communicator or interpreter, or through special equipment or techniques. Aids to communication can include things like visual-aid boards, eye-gaze software, dolls or body-outline drawings. You can use these if you have a disability that means you need support to assist you in understanding or answering questions.
More information
The CPS website has information on special measures. And we have a leaflet you can read: Special measures: extra support in court for victims of sexual violence [PDF].
