Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

20 SEP 2011

R (D) v Camberwell Green Youth Court - Child witnesses deemed to be in 'need of special protection' and the European Convention [2006] CFLQ 562

In Camberwell Green, the House of Lords confirmed the compliance of the irrebuttable presumption that in criminal trials, 'special measures' maximise the quality of the evidence of child witnesses deemed to be in 'need of special protection' under section 21(5) of the Youth Justice and Criminal Evidence Act 1999 with the rights of the defendant under Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. In doing so, the House of Lords emphasised that the common law discretion to ensure a fair trial has been explicitly retained in section 19(6) and can be used to provide special measures for child defendants too, where appropriate. It is argued here that it would be preferable to create a statutory regime to govern the use of special measures for child and other vulnerable or intimidated defendants, and that England and Wales should look to Scotland for an example of how this might be done.

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters