Last amended by Modern Slavery Act 2015 in 2015. Added complainants in slavery and human trafficking offences to those automatically eligible for special measures.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Youth Justice and Criminal Evidence Act 1999 reformed the youth justice system and introduced special measures to help vulnerable and intimidated witnesses give their best evidence in criminal proceedings. It also introduced referral orders for young offenders.
Key Points
- Special measures directions (Part II, Chapter I) for vulnerable and intimidated witnesses — screens, live link, video-recorded evidence-in-chief, evidence in private, and intermediaries
- Witnesses eligible on grounds of age or incapacity (s.16) or fear or distress about testifying (s.17), including automatic eligibility for child witnesses and complainants in sexual and modern slavery offences
- Referral orders (Part I) for young offenders pleading guilty on a first appearance, referring them to a youth offender panel
- Youth offender contracts agreed with a community panel (ss.8-12)
- Restriction on cross-examination of complainants in person by the accused in sexual offence cases (s.34) and on evidence about a complainant's sexual history (s.41)
Parts & Sections
Amendments History
2009 — Coroners and Justice Act 2009
Reformed the special measures regime, including the rules on child witnesses (the 'primary rule') and the availability of measures for vulnerable witnesses.
2015 — Modern Slavery Act 2015
Added complainants in slavery and human trafficking offences to those automatically eligible for special measures.
Frequently asked questions
- What is a referral order and who is it for?
- The Act allows youth courts to refer young offenders who plead guilty and have no previous convictions to a youth offender panel. Instead of imposing a standard sentence, the panel and the young offender agree on a youth offender contract. This contract sets out a programme of behaviour specifically aimed at preventing reoffending.
- What special measures are available to help witnesses in criminal proceedings?
- Special measures are designed to help vulnerable or intimidated witnesses give their best evidence. These measures include using screens, live links, video-recorded evidence-in-chief, giving evidence in private, and using intermediaries. The Act also reformed the youth justice system and introduced referral orders for young offenders.
- Who is eligible for special measures based on age or fear?
- Witnesses under 18, or those whose evidence might be diminished by a mental disorder or physical disability, are eligible for assistance. Additionally, witnesses who may suffer fear or distress are eligible. Complainants in sexual offences and, since 2015, modern slavery offences, are automatically eligible for these special measures.
- Can an accused person cross-examine a complainant in a sexual offence case?
- Section 34 of the Act prohibits an accused person charged with a sexual offence from cross-examining the complainant in person. This restriction is in place to protect the complainant during the trial process.
- Is there a limit on asking about a complainant's sexual history?
- Section 41 of the Act restricts the circumstances in which evidence or questions about a complainant's previous sexual behaviour may be admitted in court. This limitation helps prevent irrelevant or prejudicial information from being used against the complainant during proceedings.