105.This section extends some of the provisions of section 21 to witnesses who are over 17 at the beginning of the trial, but who made a video recording to take the place of their evidence-in-chief when they were under 17. They will be eligible for special measures in the same way that they would be if they were under 17, and the same presumptions will apply to them as apply to children under 17. That includes being considered “in need of special protection” if they are giving evidence in a case involving sex, violence, neglect or abduction.
Commentary on Sections Part II: Giving of evidence or information for purposes of criminal proceedings Chapter I: Special Measures directions in case of vulnerable or intimidated witnesses Section 22: Extension of provisions of section 21 to certain witnesses over 17