Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

special measures definition

What does special measures mean? Adjustments ordered by the court to help a vulnerable or intimidated witness give their best evidence and to minimise distress. Common measures are a screen between witness and defendant, live video link, video-recorded evidence-in-chief, pre-recorded cross-examination, an approved intermediary, communication aids, giving evidence in private, and removal of wigs and gowns. In England and Wales this statutory scheme is set out in the Youth Justice and Criminal Evidence Act 1999 and implemented by a special measures direction. Northern Ireland has a parallel framework under the Criminal Evidence (Northern Ireland) Order 1999. Scotland provides equivalent “special measures” under the Criminal Procedure (Scotland)...

Criminal Witness Competence and Compellability: Procedures and Exceptions for Accused, Spouses/Civil Partners, Children and Witnesses with Mental Impairment (England and Wales)

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Practice notes

Competency—general rule

The usual method of presenting evidence in criminal proceedings is, in practice, via a witness’s testimony. A witness is regarded as competent where, as a matter of law, a party may call them to give evidence. Everyone is treated as competent to testify, whatever their age, and at every stage of criminal proceedings, but there are two exceptions:

a person is not competent in criminal proceedings if, in the court’s view, they are unable to understand questions put to them as a witness and to give answers to those questions that can be understood
a person charged in criminal proceedings is not competent to give evidence for the prosecution in those proceedings (whether tried alone or together with a co-accused) (see further below: The accused—evidence on behalf of the prosecution)

This statutory test imports no presumptions and no preconceptions. A challenge to competence cannot be mounted by pointing simply to chronological age or to mental capacity, for example, unless it is demonstrated that the individual concerned is unable to comprehend questions or to provide answers...

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Web page updated on 21/05/2026

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