Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice?
This article maps and analyses the changes made by the Coroners and Justice Act 2009 to existing Special Measures Directions for child witnesses, child defendants and complainants of sexual assault under the Youth Justice and Criminal Evidence Act 1999. Adult defendants suffering from some form of s...
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| Format: | Journal article |
| Language: | English |
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2010
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| _version_ | 1826261135229190144 |
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| author | Hoyano, L |
| author_facet | Hoyano, L |
| author_sort | Hoyano, L |
| collection | OXFORD |
| description | This article maps and analyses the changes made by the Coroners and Justice Act 2009 to existing Special Measures Directions for child witnesses, child defendants and complainants of sexual assault under the Youth Justice and Criminal Evidence Act 1999. Adult defendants suffering from some form of significant mental impairment are for the first time made eligible to apply for leave to testify using the live link and with the assistance of an intermediary. In addition, the 2009 Act deems witnesses to violent offences against the person involving the use of firearms or knives to be intimidated and hence automatically eligible for Special Measures. The article concludes that the measures for defendants do not go far enough and are susceptible to challenge under art. 6 ECHR, and perhaps go too far in introducing anomalies in the treatment of different categories of intimidated witnesses. © 2010 THOMSON REUTERS (LEGAL) LIMITED. |
| first_indexed | 2024-03-06T19:16:49Z |
| format | Journal article |
| id | oxford-uuid:18aebc9d-2518-4946-8004-428d173725aa |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-06T19:16:49Z |
| publishDate | 2010 |
| record_format | dspace |
| spelling | oxford-uuid:18aebc9d-2518-4946-8004-428d173725aa2022-03-26T10:44:31ZCoroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice?Journal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:18aebc9d-2518-4946-8004-428d173725aaEnglishSymplectic Elements at Oxford2010Hoyano, LThis article maps and analyses the changes made by the Coroners and Justice Act 2009 to existing Special Measures Directions for child witnesses, child defendants and complainants of sexual assault under the Youth Justice and Criminal Evidence Act 1999. Adult defendants suffering from some form of significant mental impairment are for the first time made eligible to apply for leave to testify using the live link and with the assistance of an intermediary. In addition, the 2009 Act deems witnesses to violent offences against the person involving the use of firearms or knives to be intimidated and hence automatically eligible for Special Measures. The article concludes that the measures for defendants do not go far enough and are susceptible to challenge under art. 6 ECHR, and perhaps go too far in introducing anomalies in the treatment of different categories of intimidated witnesses. © 2010 THOMSON REUTERS (LEGAL) LIMITED. |
| spellingShingle | Hoyano, L Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title | Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title_full | Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title_fullStr | Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title_full_unstemmed | Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title_short | Coroners and justice act 2009: (3) Special Measures Directions take two: Entrenching unequal access to justice? |
| title_sort | coroners and justice act 2009 3 special measures directions take two entrenching unequal access to justice |
| work_keys_str_mv | AT hoyanol coronersandjusticeact20093specialmeasuresdirectionstaketwoentrenchingunequalaccesstojustice |