Part A To be completed by all applicants

Details of witness

Name of Witness:

Date of birth of witness:

If a previous application has been made to tender in evidence a video recording of testimony from the witness, give the date and (if known) result of that application.

An application by the defence for evidence to be given through a live television link or by means of a video recording need not disclose who that witness is, except where the witness is to give evidence in support of an alibi.

If the applicant is the prosecutor, give the name of the witness (otherwise leave blank).

Case details

Details of Prosecuting Authority:

Case number:

Accused(s): surname:

forenames:

Trial date and location (if known):

Charges:

Give brief details of those charges to which this application applies.

Details of application

Specify the special measures being sought:

State the grounds on which the witness relies in support of the application for a special measures direction:

The statement should make clear whether the applicant seeks automatic eligibility (see Reasons for application section below) or whether the applicant alleges that the quality of the evidence will be reduced unless a direction is given. In the latter case, the grounds on which the applicant alleges that the quality of the witness’s evidence is likely to be diminished in terms of completeness, coherence and accuracy should be clearly stated.

Give a description of evidence submitted in support of this application:

This requirement is optional.

Examples of evidence might be:

birth certificate;

medical report;

expert evidence;

police report.

Arrangements which may be made available

Give a description of the arrangements relevant to the measures applied for which may be made available at the court in which it is likely the hearing will take place:

Reason for application

1. A.

   Is the application for special measures for any of the following?

   1. (i)

      video recorded evidence in chief only;

   2. (ii)

      live link only;

   3. (iii)

      both these measures?

   Yes/No

2. B.

   Is the witness a child witness in need of special protection at the time that any relevant recording was made?

   Yes/No

3. C.

   Is the witness a child under 17 but not a child witness in need of special protection?

   Yes/No

   If the answer to both A and B is “Yes”, information concerning the grounds of application and any views of the witness need not be provided.

   If the answer to C is “Yes” and there is no application for either video recorded evidence in chief or live link (or both), state the reasons why it is said that the special measures of video evidence in chief, live link (or both) would NOT maximise the quality of the child’s evidence.

   For all witnesses over 17 years and for applications for witnesses under 17 years for measures other than video recorded evidence in chief or live link:

   Give the grounds for believing the special measures being sought in this application will improve the quality of the witness’s evidence:

   Give the views of the witness as to why the measures sought in this application are required:

A child witness in need of special protection is defined by Section 21 of the Youth Justice and Criminal Evidence Act 1999.

Section 21 of the Youth Justice and Criminal Evidence Act 1999.

Section 21 of the Youth Justice and Criminal Evidence Act 1999 sets out a primary rule in favour of providing child witnesses with video recorded evidence in chief and live link unless, for witnesses who are not child witnesses in need of special protection, this would not be likely to maximise the quality of the witness’s evidence.

Material change of circumstances

Give a description of any material change of circumstances relied upon to support this application:

This requirement applies only where—

1. (a)

   a special measures direction is already in force and application is being made to discharge or vary the direction, or

2. (b)

   a previous application for a special measures direction was refused and this application seeks to reverse that decision.