Although the guidance is advisory and does not constitute a legally enforceable code of conduct, significant departures from the guidance may have to be justified in court if relied upon by the defence to challenge part or all of the evidence of the witness. Viewing the visual evidence Although the main responsibility for children's welfare and safety will usually lie with agencies such as policing, social, health and education services, there is, nevertheless, a role for prosecutors in terms of safeguarding children. The ultimate aim must be to enable the child to give their best evidence. The child should come to the cross-examination feeling as fresh and as ready as possible, not exhausted, bored or avoidably distressed. But they should not have to face cross-examination 'cold' either. Each case must be decided upon its own merits, taking into account the needs of the individual child. Publicity and Reporting Restrictions Condition C: the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and-

to examine with care, and probe where appropriate, the material provided in support of the application and the evidential basis for it. Prosecutors should in particular objectively assess any statement made by the witness or witnesses in question and the grounds on which it is basedProsecutors must have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people. Prosecutors must also have regard to the obligations arising under the UN 1989 Convention on the Rights of the Child. A decision will need to be made about who is the person best placed to support the child witness while refreshing their memory. In some areas the Crown Court may start trials in the afternoon so that preliminaries can be dealt with in the absence of the child witness. The child can then attend the next morning and is likely to be fresher and more alert. Children between 10 and 17 can be arrested and taken to court if they commit a crime. Identity of children accused of a crime 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:

Agreement should be reached with the defence and the court to use a body outline or alternative method for eliciting this information. Children may also be embarrassed at having to refer to parts of their bodies; advocates should find out what words they use and are comfortable with. 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)).Prosecutors must apply for s.45 (YJCEA 1999) for witnesses to rape or serious sexual offences; victims of these offences have automatic anonymity subject to the provisions of the Sexual Offences (Amendment) Act 1992. It is important that any conversation and agreement about the Special Measures that will be applied for between the police officer and the prosecutor is recorded by both parties. Timely relaying of the agreed Special Measures to the child witness by the police may help to reduce worry and stress by giving an explanation of the procedures involved. Disclosure Children can be victims of offences and can also be affected by crime even if they are not themselves victims or witnesses. A child may be seriously affected by, for example, domestic violence, even if not present in the same room as the offence is committed. Section 25 Youth Justice and Criminal Evidence Act (YJCEA) 1999 Section II provides a range of Special Measures including for hearings to be held in private and the public gallery cleared but is subject to eligibility and must 'maximise quality of evidence'.

The imposition of appropriate conditions or a remand in custody where applicable can be a highly effective way of safeguarding children. The nature of the application will depend on the circumstances of the case; where the defendant is charged with an allegation of physical or sexual abuse against a child, protection of the child will be obvious. However, there will be cases where there is a child who is not a victim or a witness, but where the behaviour of the defendant is such that there are substantial grounds for believing that the child is in danger. This guidance outlines the measures that can be taken to help safeguard children in the course of criminal proceedings, but the position can be summed up in the following principles: Expedition, Sensitivity and Fairness. The special measures which may be relevant for intimidated witnesses include screening the witness from the accused, evidence by live link and evidence given in private. Reporting restrictions In a case in which a witness is or may be eligible for anonymity or protection, prosecutors should additionally consider whether reporting restrictions may be appropriate to further protect the witness. Restricting Public Access The YJCEA was introduced with a view to facilitating the ability of vulnerable and/or intimidated witnesses to give evidence efficiently and safely in criminal court proceedings. The principal aim, therefore, is to strengthen the hand of the prosecution in criminal cases by allowing vulnerable witnesses to access a range of measures designed to improve the quality of evidence given and to allow testimony from witnesses that might previously have been unable to participate, and so would have been considered incompetent to give such testimony.A ‘Rapid Review’ will be held within 15 days of referral of a case to establish the type of review required the person likely to have committed the offence is a member of a group which can be identified from the criminal activity that its members appear to engage in and it appears that the majority of the members of the group are at least 11 but under 30 years old; and Provision for prosecution counsel to speak to the anonymous witness at court before they give evidence; 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. Provisions relating to making an application are contained in section 77. Applications can be made to a justice of the peace by parties including the chief officer of a police force, the Director General of the NCA and the DPP. These persons may authorise others to exercise these functions on their behalf (section 81).