Coroners and Justice Bill

We submit that special measures should be used only if their use does not compromise the defendant’s right to a fair trial and they are genuinely useful in helping to maximise the quality of the witness’s evidence, where that quality would otherwise be compromised because of age, fear, vulnerability or disability or where protection of identity is otherwise exceptionally necessary. It is simply not the case that all witnesses in weapons cases will fulfil these criteria. Where special measures will not help to maximise the quality of a witness’s evidence, they should not be used. First, special measures can have a prejudicial impact on the defendant’s trial by suggesting, for example, that he is a person to be feared. I can assure your Lordships that, if witnesses appear to be so fearful that they have to peep from behind curtains, that is prejudicial to the defendant and cannot be wholly cured by a direction to the jury from the judge. Secondly, we are concerned that special measures could impair the quality of evidence if used in inappropriate cases in relation to defendants who are under 18 or who have mental health problems or learning disabilities. There are grounds for particular concern since the defendant may be very young or vulnerable to a similar or even greater degree than the witnesses. Decisions as to special measures should depend not on the witness’s wishes but on the interests of justice. For that reason, we suggest that this clause be removed from the Bill. Without it, special measures would continue to be available under the normal criteria of the Youth Justice and Criminal Evidence Act 1999. These criteria are sufficient to provide for special measures in appropriate cases. For these reasons, we oppose the clause standing part of the Bill.