Special measure: Evidence via live video link 0.0 / 5 ? LawCriminal Procedure and Criminal EvidenceUniversityNone Created by: Sarah RocheCreated on: 10-06-17 20:22 What is the reception of this measure in ECtHR? As long as it is 'necessary + proportionate' (no general right under art.6 for D to be able to confront accusers) 1 of 10 What is the key case on this provision? D 2 of 10 Is s.24(8) an exclusive definition? (according to D) No (so D should also be able to see witness) 3 of 10 How did D describe situation where special measures direction is issued, and then immediately varied/discharged in interests of justice? Irrational 4 of 10 What did D say about the "equality of arms" principle? Not violated by YJCEA's failure to provide D with same rights as witnesses 5 of 10 What examples does Lord Rodger provide of protection for child Ds? Right not to give evidence, right to legal advice 6 of 10 What is another key case on this special measure? S 7 of 10 S: does it appear that Parliament have explicitly excluded D from protection of special measures? Yes (although see special protection for co-Ds in s.35(5)) 8 of 10 S: what about witnesses not eligible under 1999 Act? Court retains inherent powers (to be exercised according to principles of justice) 9 of 10 S: is 1999 Act incompatible with ECHR per se? No - as it is concerned with protections afforded to witnesses (rather than derogating from D's existing common law rights) 10 of 10
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