is the witness eligible for protection and.

The power under section 46 can only be exercised on an application by the prosecution (or defence).The court must apply a two stage test to determine whether a witness is eligible for this protection along much the same lines as an application for special measures for an adult under section 16 or section 17 of the YJCEA, namely: Section 46 of the YJCEA enables courts to make a reporting direction in relation to adult witnesses which prohibits any matter relating to the witness to be included in any publication during the lifetime of the witness if it is likely to lead members of the public to identify the individual as a witness in criminal proceedings. As a consequence of the time frames imposed by the CrimPR witnesses cannot be offered any guarantees, prior to the making of the application, that special measures will be granted. The application must be in writing as soon as reasonably practicable and in any event no more than 20 business days after the defendant has pleaded not guilty in the Magistrates' Court or no more than 10 business days after the defendant has pleaded not guilty in the Crown Court. The procedure for making an application for special measures is governed by CrimPR. These factors are set out in section 19 of the YJCEA. When an application is made by the prosecutor on behalf of an eligible witness, the judge must consider a number of factors before making a decision.

Special measures are not available as of right if a witness qualifies as an intimidated witness. Witnesses to specified gun and knife crime offences are automatically eligible for special measures under section 17. In determining this, the court must take into account a number of factors. Section 17 of the YJCEA deals with intimidated witnesses and provides that special measures may be provided where the quality of evidence given by a witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings. The special measures which may be relevant for intimidated witnesses are: screening the witness from the accused evidence by live link evidence given in private. The Youth Justice and Criminal Evidence Act 1999 (YJCEA) sets out a range of measures that are available to witnesses in criminal proceedings who are deemed to be 'intimidated'. Prosecutors must also ensure that the witness's rights under the ECHR are acknowledged and protected. Prosecutors should seek to ensure that, wherever possible, the witness's fear is allayed and that they are given the requisite protection. When informed that a witness is fearful of giving evidence, prosecutors must liaise closely with the police to consider the range of options available to them both at common law and by virtue of statute.

Occasionally information about a witness being in fear may come from another source (for example the Witness Care Unit or the Witness Service). Ideally, a discussion about the type of 'protection' that should be applied for will take place between the police and the prosecutor at the pre charge stage. In most cases the police will establish whether a witness is in fear and should inform the prosecutor. Witnesses may fear that if their identity is revealed to the defendant, their associates or the public generally then they or their friends and family will be at risk of serious harm. The principle of open justice can sometimes act as a bar to successful prosecutions, particularly in homicides, organised crime and gun crime. In some cases it may also encourage other witnesses to come forward. It supports the ability of the defendant to present their case and to test the prosecution case by cross-examination of prosecution witnesses. This underpins the requirement for a prosecution witness to be identifiable not only to the defendant, but also to the open court. The openness of judicial proceedings is a fundamental principle enshrined in Article 6(1) of the European Convention on Human Rights (the right to a fair trial). Applications to Hold a Crown Court Hearing in Camera.

Witness meaning