Youth Justice and Criminal Evidence Act 1999

The Youth Justice and Criminal Evidence Act 1999 (YJCE) is a piece of legislation in the UK that made significant changes to the rules and procedures governing the treatment of young people in the criminal justice system and introduced reforms related to the admissibility of evidence in criminal trials. The Act aimed to address several issues, including the treatment of child witnesses, vulnerable witnesses, and young offenders.

Diversion from criminal prosecution: One of the central objectives of the YJCE 1999 was to reform the youth justice system and divert young offenders away from the criminal justice process when appropriate. The Act established the principle of diversion, allowing young offenders to be dealt with outside the formal court process. This approach aimed to address the underlying causes of offending behaviour and promote rehabilitation rather than punitive measures for young people involved in minor offences.

Youth Offending Teams: The Act led to the creation of Youth Offending Teams as part of a broader strategy for managing youth offenders. The Teams consist of multi-agency teams of professionals, including social workers, police officers, and probation officers, working together to assess the needs of young offenders and develop individualised plans for rehabilitation and support. The Teams play a critical role in overseeing the welfare and rehabilitation of young offenders.

Special measures for vulnerable witnesses: The YJCE 1999 introduced several provisions to protect and support vulnerable witnesses, especially in cases involving serious offences such as sexual assault and domestic violence. These provisions aimed to make the criminal justice system more accessible and less intimidating for witnesses who might find the process challenging:

Video recorded evidence: One significant provision allowed for the pre-recording of evidence by vulnerable witnesses, such as children or individuals with mental health issues. This meant that their testimony could be recorded in advance and played during the trial, reducing the stress and pressure of testifying in a courtroom.

Screening and live links: The Act permitted the use of screens or live video links in courtrooms to shield witnesses from seeing the defendant while giving evidence. This measure helps protect witnesses from intimidation or distress during their testimony.

Intermediaries: In cases involving witnesses with communication difficulties, such as children or individuals with learning disabilities, the Act introduced the use of intermediaries. These professionals assist witnesses in communicating effectively with the court.

Restrictions on cross-examination: To safeguard vulnerable witnesses further, the Act imposed restrictions on the cross-examination of complainants in sexual offence cases. This aimed to prevent the aggressive or invasive questioning of complainants, particularly in cases involving sensitive issues such as sexual assault.

Admissibility of previous sexual behaviour: The Act also placed limitations on the admissibility of evidence concerning the previous sexual behaviour of complainants in sexual offence cases. This was intended to protect the privacy and dignity of complainants and prevent the use of irrelevant or prejudicial evidence.

The YJCE aimed to strike a balance between protecting the rights and well-being of vulnerable witnesses and young offenders while ensuring a fair and effective criminal justice system. It has had a significant impact on how criminal trials are conducted, particularly in cases involving young people and vulnerable witnesses in the UK.