Vulnerable Witnesses Within Family and Criminal Proceedings : Protections, Safeguards and Sanctions

"Are you prepared to protect the vulnerable in court? A guide to the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this brand new title covers every stage of proceedings, including the investigation/pre-proceeding, and postproceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings; and links to the useful guidance regularly referred to within proceedings including the Advocates Gateway.'-- Provided by publisher Contents Abbreviations and acronyms Table of Cases Table of Statutes Table of Statutory Instruments Table of Codes of Practice and Conventions 1 Summary of the purpose of the handbook 2 General principles as to the examination of witnesses Introduction Criminal cases Family cases Duties of advocates 3 Vulnerable people: pre-proceedings/investigation stage Pre-proceedings in criminal law: the investigation stage Vulnerable witnesses Pre-proceedings matters in family cases 4 Vulnerable people in the initial stages of proceedings Criminal proceedings The vulnerable defendant at the first hearing in the magistrates' court Disclosure At Or Before The First Hearing In The Magistrates' Court The Further Stages Of Standard Disclosure In Criminal Proceedings following the first hearing in the magistrates' court Overview of initial case management and directions for vulnerable witnesses and defendants Criminal Precedents and standard forms Family proceedings (and in particular care proceedings) 5 Joint hearings – family and crime Introduction Background Practicalities/Procedural Matters 6 Fitness to plead and specific defences arising from being a vulnerable defendant Fitness to plead in the crown court Other Defences 7 Young Defendants And The Youth Court Introduction Requirement to be registered as competent to act in youth proceedings Definition of a child Age of criminal liability Decision To Prosecute And Out Of Court Disposals The objectives of the youth justice system General Matters Relating To The Youth Court Determining The Correct Venue For Child Defendants Youth Offending Team (YOT) Sentencing Children And Young People 8 Intermediaries And Ground Rules Hearings Criminal Law Family Law Participation Directions And Ground Rules Hearings Ground Rules Hearings 9 Additional Pre-Giving Evidence Considerations For Vulnerable Witnesses Witness support Attending court for a pre-trial visit Other Sources Of Assistance 10 The Official Solicitor Introduction The Official Solicitor as a litigation friend – general Adults who lack capacity Children Security Of Legal Costs The official solicitor as a last resort Where The Official Solicitor Has Accepted An Appointment As Litigation Friend 11 Competence Of Witnesses In A Criminal Trial Competence of witnesses Case Law Determining Whether A Witness Should Be Sworn 12 Vulnerable Witnesses During A Criminal Trial Introduction Key Legal Provisions For Special Measures At Trial Who is eligible for special measures? Child Witnesses Physical or mental impairment Fear Or Distress, Sexual Offences And Other Relevant Offences Which of the special measures is the vulnerable witness eligible for? Who Can Make The Application? Additional Protections For Vulnerable Witnesses 13 Vulnerable Defendants During The Criminal Trial Process Common Law Case Law 14 Jury directions and the judge's summing up Introduction The Legal Framework Crown Court Compendium 15 Family Law Vulnerable Witnesses/Parties During A Family Contested Hearing Appendix A Appendix B Appendix C Youth Justice and Criminal Evidence Act 1999 Appendix D Criminal provisions on costs and funding specifically relating to vulnerable people Appendix E Key example directions from the Crown Court Compendium Index '...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence...'Seen and HeardAre you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings.Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties.Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates GatewayThis title is included in Bloomsbury Professional's Family Law online service.