1. YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
Fundamentally changed the way that certain witnesses could give evidence in criminal courts. Part of Achieving Best Evidence, which for the first time appreciated that the criminal courtrooms are intimidating.
Legislation categorises witnesses who are entitled to Special Measures into Vulnerable and Intimidated.
Section 27 ABE Interviews in Chief used in criminal and family courts for numerous years.
Section 28 PRCE not implemented for over 15 years. Issues with procedure, IT, facilities, time and cost

2. VULNERABLE WITNESSES:
Section 16 Definition of VULNERABILITY:
Witness who is under 18 years of age.
Any Witness whose quality of evidence is likely to be diminished because they are suffering from a mental disorder (as defined by the Mental Health Act 1983):
Witness with significant impairment of intelligence and social functioning:
Witness who has a physical disability or suffering with a physical disorder:

3. INTIMIDATED WITNESSES:
Section 17 Definition of Intimidated:
Any witness whose quality of evidence is likely to be diminished because they suffer from fear or distress:
Victims of sexual offences
Victims of Domestic Violence, Racial and Religious abuse, Homophobic and Elderly abuse

4. S28 PILOTS:
Pilots only in relation to Vulnerable witnesses only, under the age 16, since Extended time period.
Pilots in Leeds, Liverpool & Kingston Upon Thames Crown Court.
This was to be rolled out to all Crown Courts in 2018, but the Courts didn’t have the equipment or technology, so postponed.
Pilots courts will start to trial Intimidated witnesses in the next phase.
No formal statistics or evaluation of the outcome of the Pilots.

5. IN PRACTICE:
Judicial Protocol on implementation of S28: September 2017:
Prosecution must identify S28 at the earliest stage.
Timetabling of the case is imperative.
Service of Unused material and DCS are key. Must be time for secondary disclosure to take place before the PRCE.
Consideration to S41 YJCE & S100 CJA prior to PRCE.
Ground Rules Hearing: Advocates Gateway
Intermediaries required to attend GRH & PRCE
Must be the same Judge and advocates at GRH, PRCE and trial.
PRCE Hearing
Secure storage by the court. Access by parties difficult.
No transcripts of the hearing, only if editing is required with the leave of the judge.
The PRCE destroyed by the court after the appeal timelimits.

6. S28(6) RECALLING WITNESSES
(6) The court may only give such a further direction if it appears to the court—
(a) that the proposed cross-examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the original recording was made in pursuance of subsection (1), of a matter which that party could not with reasonable diligence have ascertained by then, or
(b) that for any other reason it is in the interests of justice to give the further direction.
Any application under section 28(5) must be in writing and be served on the court and the prosecution at least 28 days before the date of trial. The application must specify topic for cross examination.

7. ADVANTAGES The PRCE can be edited before being played at trial.
The witness does not have to wait until trial to give evidence.
The PRCE can be played in a re-trial situation, hung jury or aborted trial, so the witness only needs to come to court once.
Increase in guilty pleas before trial, after the PRCE.
Shorten the length of trial and fewer cracked trials.

8. DISADVANTAGES
The prosecution case must be ready before the PRCE. Difficult in custody time limit cases. Unused material & DCS must be served.
Increase in court hearings before the trial. Early allocation of Judges.
IT not ready. Secure storage by the court. Difficult access to PRCE.
Defence can try and “Plea Bargain” after being able to assess the complainants evidence.
Complainant can, in certain circumstance, be asked to attend the trial even after giving pre recorded cross-examination.
Limited recording facilities in Court Houses results in PRCE only months before trial. Not as early as anticipated.