Criminal Practice Directions 2015 Amendment No. 5

Criminal Practice Directions 2015 Amendment No. 5

The amendment establishes detailed procedures and mandatory case management requirements for the use of pre-recorded cross-examination and re-examination of vulnerable witnesses under s.28 YJCEA 1999, including identification, notification, disclosure, ground rules hearings, and restrictions on questioning, to ensure fair trial rights and the effective participation of vulnerable witnesses.

Parties
Judge: Lord Chief Justice of England and Wales
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Practice Direction Amendment / Issuance of Amendment to Criminal Practice Directions
Outcome
Amendment to Criminal Practice Directions issued and effective from 2 October 2017.
Legal Topics
Vulnerable Witnesses, Special Measures, Cross Examination, Youth Justice and Criminal Evidence Act 1999, Ground Rules Hearings, Disclosure, Jury Directions, Appeals Procedure
Criminal Law Criminal Procedure Vulnerable Witnesses Special Measures Cross Examination Youth Justice and Criminal Evidence Act 1999 Ground Rules Hearings Disclosure +2 more

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Parties

Lord Chief Justice of England and Wales

Judge

Procedural Posture

Practice Direction Amendment / Issuance of Amendment to Criminal Practice Directions

Legal Issues

  1. 1 Procedures for pre-recorded cross-examination and re-examination of vulnerable witnesses under s.28 YJCEA 1999
  2. 2 Case management and disclosure obligations in s.28 cases
  3. 3 Ground rules for questioning vulnerable witnesses

Ratio Decidendi

The amendment establishes detailed procedures and mandatory case management requirements for the use of pre-recorded cross-examination and re-examination of vulnerable witnesses under s.28 YJCEA 1999, including identification, notification, disclosure, ground rules hearings, and restrictions on questioning, to ensure fair trial rights and the effective participation of vulnerable witnesses.

Court Disposition

Amendment to Criminal Practice Directions issued and effective from 2 October 2017.

Orders

  • New CPD V Evidence 18E inserted regarding s.28 YJCEA 1999 procedures for vulnerable witnesses.
  • Additional amendments to CPD VI Trial, CPD XI Appeal, and CPD X1 Other proceedings as specified.