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Relevant Legislation 

The Criminal Evidence Act 1992 is the foundation for many of the support measures that assist vulnerable witnesses in the courts. While it specifically excludes defendants, support measures such as intermediaries have been allowed to assist defendants by the courts through the inherent jurisdiction of the courts. 

The Children Act 2001 is the primary legislation dealing with child defendants. 

The  Criminal Law (Sexual Offences) Act 2017 introduced and updated offences against children and protected persons as well as providing for offences in respect of  exposure of genitals and sexual activity in a public place and offensive conduct of a sexual nature. 

​​ Criminal Law (Sexual Offences and Human Trafficking) Act 2024 extended certain provisions some of which were already in place: 

  • Ensuring anonymity for both victims and the accused in all sexual offence trials

  • Excluding the public from the court room

  • Extending the victim’s right of separate legal representation and legal aid if they are being questioned about their previous sexual history

  • An important aspect of the legislation is that character evidence at a sentence hearing for a person convicted of a sexual offence must be made under oath or on affidavit

Following the EU 'Victim's Directive' , the Criminal Justice (Victims of Crime) Act 2017 was enacted to give statutory rights to victims. 

The Bail Act 1997 is the fundamental legislation dealing with the provisions for bail in this jurisdiction

The Domestic Violence Act 2018 sets out a range of provisions including safety orders, barring orders as well as providing that in sentencing a person for a relevant  offence, the fact that the offence was committed by someone who is /was in a relationship with the victim shall be treated as an aggravating factor. Separately, The Parental Leave Act 1998 was amended by the Work Life Balance and Miscellaneous Provisions Act 2023 to provide paid domestic violence leave.

The Criminal Justice Act 1993 allows the court to consider the effect of a crime on a victim - this is commonly known as a victim impact statement. 

The Act also allows the Director of Public Prosecutions to appeal lenient sentences and it allows the court  to make the defendant pay compensation to the victim for any personal injury or loss suffered.

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