Striking a Balance between the Rights of Defendants and Vulnerable Witnesses: Will Special Measures Directions Contravene Guarantees of a Fair Trial?

Criminal Law Review, p. 948, 2001

Posted: 10 Nov 2008

See all articles by Laura C. H. Hoyano

Laura C. H. Hoyano

University of Oxford - Faculty of Law

Date Written: December 7, 2001

Abstract

The Youth Justice and Criminal Evidence Act 1999 enables courts to issue Special Measures Directions to protect children and other vulnerable witnesses. This article reviewed the compatibility of these measures with the fair trial guarantee contained in article 6 of the European Convention on Human Rights. Subject to a few doubtful cases, including the withholding of Special Measures from child defendants, the great majority of Special Measures Directions were concluded to be likely to be ECHR-compatible. It was cited with approval by the House of Lords in R v Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, in holding that the 'primary rule' regime for child witnesses was compatible with article 6, but expressing doubt about the exclusion of child defendants from Special Measures.

Keywords: child witnesses

Suggested Citation

Hoyano, Laura C. H., Striking a Balance between the Rights of Defendants and Vulnerable Witnesses: Will Special Measures Directions Contravene Guarantees of a Fair Trial? (December 7, 2001). Criminal Law Review, p. 948, 2001, Available at SSRN: https://ssrn.com/abstract=1297229

Laura C. H. Hoyano (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
2,676
PlumX Metrics