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STUDI GIURIDICO-PROFESSIONALI

such as live evidence-in-chief from behind a screen or via a television link
may be of more assistance to them.
1.21 The court also has to take account of the interests of justice when consi-
dering an application for video-recorded evidence-in-chief (Section
27[2]).
1.22 In addition to Special Measures, the Youth Justice and Criminal Evidence
Act 1999 also contains the following provisions intended to enable vulne-
rable or intimidated witnesses to give their best evidence:
- Mandatory protection of witness from cross-examination by the accused
in person. An exception has been created which prohibits the unrepresen-
ted defendant from cross-examining vulnerable child and adult victims in
certain classes of cases involving sexual offences (Sections 34 and 35);
- Discretionary protection of witness from cross-examination by the
accused in person. In other types of offence, the court has a discretion to
prohibit an unrepresented defendant from cross examining the victim in
person (Section 36);
- Restrictions on evidence and questions about complainant’s sexual
behaviour. The Act restricts the circumstances in which the defence can
bring evidence about the sexual behaviour of a complainant in cases of
rape and other sexual offences (Section 41);
- Reporting restrictions. The Act provides for restrictions on the reporting
by the media of information likely to lead to the identification of certain
adult witnesses in criminal proceedings (Section 46). The Children and
Young Persons Act 1933, Sections 39 and 49 apply in relation to child wit-
nesses.
1.23 Vulnerable or intimidated witnesses can also receive social support at all
stages of the investigation. Three distinct roles for witness support have
been identified and it is unlikely to be appropriate for the same person to
be involved in all three. They are:
- Interview support provided by someone independent of the police, who
is not a party to the case being investigated and who sits in on the original
investigative interview; they may be a friend or relative, but not necessarily
so;

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