The court heard conjoined applications for leave to appeal against conviction submitted by JP and Lubemba – what measures a trial judge may legitimately take to protect a vulnerable witness, without impacting adversely on the right of an accused to a fair trial.
Held: Guidance was given as to what steps could properly be taken to protect a vulnerable witness whilst not prejudicing a defendant: ‘The court is required to take every reasonable step to encourage and facilitate the attendance of vulnerable witnesses and their participation in the trial process. To that end, judges are taught, in accordance with the Criminal Practice Directions, that it is best practice to hold hearings in advance of the trial to ensure the smooth running of the trial, to give any special measures directions and to set the ground rules for the treatment of a vulnerable witness. We would expect a ground rules hearing in every case involving a vulnerable witness, save in very exceptional circumstances. If there are any doubts on how to proceed, guidance should be sought from those who have the responsibility for looking after the witness and or an expert.’
Hallett LJ VP CACD, Sweeney, Warby JJ
[2014] EWCA Crim 2064, [2015] 1 WLR 1579, [2015] 1 Cr App R 12, [2015] Crim LR 237, [2014] WLR(D) 472
Bailii, WLRD
England and Wales
Criminal Practice
Leading Case
Updated: 11 November 2021; Ref: scu.539453