Criminal Practice Directions 2015 Amendment No. 5

This amendment establishes detailed case-management directions for the pre-recording of cross-examination and re-examination under Youth Justice and Criminal Evidence Act 1999, section 28. Eligible vulnerable witnesses should be identified promptly, and the court should set a timetable that protects both effective preparation and the defendant’s right to a fair trial.

Ground rules hearings must tailor questioning to the witness’s needs. Advocates cannot insist on an unmodified right to put the defence case to a young or vulnerable witness. Essential issues and challenges should instead be put fairly through short, simple and suitable questions. The amendment also gives directions on recordings, disclosure, listing, jury notices, reporting restrictions and certain appeals.

The Lord Chief Justice issued the fifth amendment to the Criminal Practice Directions 2015. It was to come into force on 2 October 2017.

The principal addition was CPD V Evidence 18E and its annex. They prescribe procedures for cases in Crown Courts where section 28 of the Youth Justice and Criminal Evidence Act 1999 is in force and a witness may give pre-recorded cross-examination and re-examination. The amendment also altered directions concerning juror notices, multiple-count verdicts, renewed sentence-appeal applications involving a fatality, and withdrawal by a legal representative from an appeal.

1. Amendment issued. The Lord Chief Justice issued Amendment No. 5 to the Criminal Practice Directions 2015, effective from 2 October 2017.

2. Section 28 procedure. New CPD V Evidence 18E sets a structured process for eligible witnesses under section 28 of the Youth Justice and Criminal Evidence Act 1999. It requires early identification, prompt disclosure, a properly prepared Plea and Trial Preparation Hearing, a ground rules hearing, and advance recording of cross-examination and any re-examination. The timetable must allow proper preparation and further disclosure while avoiding unnecessary delay.

3. Fair questioning of vulnerable witnesses. The ground rules hearing must adapt the process to help the witness give their best evidence without diminishing the defendant’s fair-trial rights. The annex adopts the Court of Appeal guidance that advocates have no unqualified right to put a case or prior inconsistent statements directly to a vulnerable witness. The court should require short and simple questions, and may restrict questioning while ensuring that the defence case and material challenges are fairly presented to the jury.

4. Recordings and further examination. The recorded examination is ordinarily played at trial. Editing requires a court order. Further cross-examination or re-examination is permitted only where the statutory conditions are met and a further special-measures direction is made.

5. Ancillary directions. The amendment directs courts on listing priority, continuity of counsel and judge, open justice and reporting restrictions. It also requires provision of the juror-responsibilities notice, gives guidance for verdict-taking on several counts, addresses adjournment of certain sentence appeals, and imposes obligations on representatives withdrawing from an appeal.

Not applicable. This was an amendment to the Criminal Practice Directions 2015, not an appeal from a lower-court decision.