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Youth Justice and Criminal Evidence Act 1999

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Prosecutors should consider all of the questions under the Public Interest section 4.14 of The Code: In practice, it is likely that prosecution counsel, the prosecutor, the police and paralegal officers will all be required to assist the judge and court staff in the practical arrangements to ensure that the witness’s anonymity is not compromised. Prosecutors should have regard to any national or local court protocols which may apply, and should proactively ensure that suitable arrangements are in place.

secondary evidence of sexual behaviour (e.g. abortion and paternity suits). In R v P(R) [2013] EWCA Crim 2331, a complainant’s visit to an abortion clinic with defendant was deemed inadmissible. The Court of Appeal held that a question about an abortion may amount to a question about a complainant’s previous sexual activity. The application must not include anything that might reveal the witness’s identity and any material disclosed before the determination of an application may be disclosed in such a way as to avoid revealing the identity of the witness or any information that might enable the witness to be identified (CPR 18.19(1)(a) and section 87(4));whether the police have any reason to believe that the witness may not provide truthful evidence to the court. If the prosecutor is satisfied that it is appropriate to make such a request, they should make the application and also invite the judge to exercise their discretion not to be informed of the true identity of the witness concerned. Prosecutors' decisions and actions may have a direct impact on the safety of a child in individual cases. Examples include: Successfully prosecuting offenders who pose a danger to children, so that the courts can impose sentences that protect children.

A report or letter from a Superintendent requesting a witness anonymity application. This should not contain any details which could identify the witness. The document should: the person likely to have committed the offence was at least 11 but under 30 years old at the time the offence was committed;Child witnesses should have had the opportunity to have one or more visits to the court. This can be vital in ensuring that the child is not overawed on the day of the trial and that they understand the layout of the court when giving evidence from the live link room. the prosecution must be proactive, and, if relevant, focus closely on the credibility of the witness; this should if possible be objectively verified; The general rule at a hearing of an application is that the court must consider representations by the applicant and then any other parties in the presence of all parties, followed by considering any information withheld from the defendant(s) and further representations by the applicant in the absence of the defendant(s) (CPR 18.19(3)). Where it is clear that the credibility of the witness may be in issue (as opposed to just their reliability), the prosecutor must consider the relative importance of the witness’s evidence to the prosecution case and any corroborative evidence. Where the witness’s evidence remains the sole or decisive evidence, it is unlikely that the defendant will be able effectively to cross-examine an anonymous witness. However, each case must be decided on its own facts. Sometimes, even where credibility may be in issue, the prosecution will be able to provide sufficient material to the defence, short of identifying the witness, to allow an effective cross-examination to take place. Information required The measure is only available in cases involving a sexual offence, an offence under section 1 or 2 of the Modern Slavery Act 2015 or when the court is persuaded that someone has tried to intimidate, or is likely to intimidate, the witness. At least one member of the press will be permitted to remain in court if one has been nominated by the press. Sentencing Council (SC) Guidance

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