special protection

'special protection' can also refer to...

special protection

special protection

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Special Protection Area

Special Protection Area

Special Protection Area

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The Youth Justice and Criminal Evidence Act 1999 provides that a child witness is in need of special protection where the crime is a sexual offence, as defined by s 35(3)(a) or an offence of assault or a related offence as defined by s 35(3)(b). In the former category are offences under pt 1 of the Sexual Offences Act 2003; in the latter are offences involving kidnapping, false imprisonment, child abduction, cruelty, neglect, and any offence involving injury or the threat of injury to any person. Where an offence of either sort is involved the court cannot decline to make a special measures direction on the grounds that it believes that to apply it will not maximize the quality of the child's evidence. In addition, where the offence is sexual, the court must include in the direction a provision for video‐recorded cross‐examination, unless the child does not want that measure to apply.

Subjects: Law.

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