On 16 February 2000 the Lord Chief Justice issued a Practice Direction on the Trial of Children and Young Persons in the Crown Court which advised, inter alia , that there should be seating on the same level, wigs and gowns should be removed, no uniforms in court, frequent breaks, seating family with the defendant, easy communication with legal representatives, most of the media observing only through CCTV, and no members of the public in the courtroom.
In April 2007, the Lord Chief Justice issued a revised Practice Direction setting out the overarching principles that the Crown Court and Magistrates’ courts should apply when dealing with vulnerable defendants, including juveniles. These included steps to be taken to ensure that the defendant understands what is happening and is able to follow court proceedings, and that the trial should be conducted in language that is simple and clear that the defendant can understand. The Practice Direction also includes guidance on support for vulnerable defendants.
Section 47 of the Police and Justice Act 2006 amended the Youth Justice and Criminal Evidence Act 1999 to provide that certain vulnerable defendants, including juveniles may, with the agreement of the court, give evidence to the court as a witness from outside the court room using a live link. This provision came into force on 15 January 2007.
The judgment of the European Court was published in the European Human Rights Reports at (2005)40 EHRR 10.
III. Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies