Special measure: Evidence via live video link

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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

Other cards in this set

Card 2

Front

What is the key case on this provision?

Back

D

Card 3

Front

Is s.24(8) an exclusive definition? (according to D)

Back

Preview of the front of card 3

Card 4

Front

How did D describe situation where special measures direction is issued, and then immediately varied/discharged in interests of justice?

Back

Preview of the front of card 4

Card 5

Front

What did D say about the "equality of arms" principle?

Back

Preview of the front of card 5
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