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CONFRONTO METODOLOGICO TRA LE INDAGINI SCIENTIFICHE
DELL’ARMA DEI CARABINIERI E LE FORZE DI POLIZIA BRITANNICHE

Special Measures that can be used to facilitate the gathering and giving of
evidence by vulnerable and intimidated witnesses.
1.15 The Special Measures that are available to vulnerable and intimidated wit-
nesses with the agreement of the court are:
- The use of screens (Section 23);
- The use of live TV link (Section 24);
- Giving evidence in private (Section 25) (limited to sexual offences and
those involving intimidation);
- The removal of wigs and gowns (Section 26);
- The use of video recorded interviews as evidence-in-chief (Section 27).
1.16 Vulnerable witnesses are also eligible for the following Special Measures:
- Communication through intermediaries (Section 29);
- The use of special communication aids (Section 30).
1.17 The Special Measures listed above have now all been implemented.
Section 28 video-recorded cross-examination has not been implemented.
1.18 Even though some witnesses may now be eligible for these measures it is
important to remember that different witnesses have different needs. It is
a matter of judgment based on a consideration of these needs, as well as
the circumstances of the alleged offence, as to which Special Measures
may be appropriate in any given case.
1.19 Access to Special Measures is very much a matter for the court and is con-
tingent on the application of three ‘tests’. These ‘tests’ are set out in
Section 19 as follows:
- Whether the witness is ‘vulnerable’ or ‘intimidated’ as defined by
Sections 16 and 17 respectively;
- Whether any of the Special Measures or any combination of them are
likely to improve the quality of the witness’s evidence;
- Which of the available Special Measures are most likely to maximise the
quality of the witness’s evidence.
1.20 The practical effect of these tests is that even where a witness may be eli-
gible for Special Measures it does not necessarily follow that playing a
video-recorded interview as evidence-in-chief is going to be the best way
of achieving their best evidence; in some cases other Special Measures

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