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Intermediaries 

s.14 Criminal Evidence Act 1992

14. Evidence through intermediary

(1) Where—

(a) a person is accused of a relevant offence, and

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(b) a person under 18 years of age is giving, or is to give, evidence through a live television link,

 

the court may, on the application of the prosecution or the accused, if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.

 

(1A) Subject to section 14AA, where—

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(a) a person is accused of an offence, other than a relevant offence,

 

and

 

(b) a victim of the offence who is under 18 years of age, is giving, or is to give, evidence through a live television link, the court may, on the application of the prosecution or the accused, if satisfied that the interests of justice require that any questions to be put to the victim be put through an intermediary, direct that any such questions be so put.

 

(2) Questions put to a witness through an intermediary under this section shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his age and mental condition the meaning of the questions being asked.

 

(3) An intermediary referred to in subsection (1) or (1A) shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.

Video link is either for a person other than the accused or a victim, so this section seems to mean that this support measure is not available for young defendants. 

14AA. Matters to be taken into account under sections 13, 14 and 14A regarding victims

The court, in deciding—

(a) whether to grant leave under section 13(1A) for a victim to give evidence through a live television link,

 

(b) whether, under section 14(1A), the interests of justice require that it direct that questions be put to the victim through an intermediary, or

 

(c) whether, under section 14A(2), the interests of justice require that it direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the victim from seeing the accused when giving evidence,

 

shall have regard to the need to protect the victim from secondary and repeat victimisation, intimidation or retaliation, taking into account—

(i) the nature and circumstances of the case, and

 

(ii) the personal characteristics of the victim.

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