Part 5: Protection for victims and witnesses in court Section 62: Special measures in criminal proceedings for offences involving domestic abuse
This section extends the eligibility for assistance given to intimidated witnesses in criminal proceedings to complainants of any offence where it is alleged that the behaviour of the accused amounted to domestic abuse (as defined by section 1 of the Act). As a result, complainants of offences involving domestic abuse are to be automatically treated as eligible for special measures on the grounds that they are in fear or distress about testifying. This is unless they tell the court that they do not want to be so eligible.
	Special measures apply to witnesses who are giving evidence in criminal courts. In respect of intimidated witnesses, these measures include screening the witness from the accused, giving evidence by live link, giving evidence in private, removal of wigs and gowns, video recorded evidence in chief and video recorded cross-examination or re-examination 1 .
	Complainants of sexual offences and modern slavery offences as well as witnesses in relation to certain offences involving guns and knives are already deemed to be automatically eligible on grounds of fear and distress (unless the witness does not want to be eligible). The effect of this section, in practice, is to extend coverage to complainants of offences involving or at risk of domestic abuse so that they are also automatically eligible for special measures (if they want to be).
	Section 62 also provides that a special measures direction providing for the witness’s evidence to be given in private can be given in cases where the proceedings relate to domestic abuse-related offences. Currently, such a direction can only be made in cases relating to sexual offences or modern slavery offences, or where it appears to the court that there are reasonable grounds for believing that any person other than the accused has sought, or will seek, to intimidate the witness in connection with testifying in the proceedings (section 25 of the YJCEA 1999).