This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how vulnerable witnesses are protected during criminal court proceedings in England and Wales, including special measures such as live video links, pre‑recorded evidence, intermediaries, courtroom adjustments and support services to help them give their best evidence.
Participating in a criminal trial can be stressful for any witness. For vulnerable witnesses - such as children, victims of serious crimes, or people with communication or mental health needs - the experience can be overwhelming and may affect their ability to give clear evidence. The criminal justice system in England and Wales recognises these challenges and provides statutory protections and support to help vulnerable witnesses give their best evidence in court. These protections play a key role in ensuring fair trials while recognising the rights and wellbeing of witnesses.
This article explains who qualifies as a vulnerable witness, the legal protections available, how courts manage these protections and what practical support witnesses can expect.
Who Is Considered a Vulnerable Witness?
Under the Youth Justice and Criminal Evidence Act 1999 (YJCEA) and subsequent criminal procedure rules, someone may be classed as a vulnerable witness if their ability to give evidence in court is negatively affected by fear, distress or characteristics such as age, disability or other communication needs.
Examples include:
- Children and young people, especially under 18.
- Individuals with physical or mental impairments, including learning disabilities or mental health conditions.
- Victims of sexual offences, domestic abuse, modern slavery, stalking or violent crimes that may cause intimidation.
- Persons whose evidence quality is likely to be reduced by fear or distress during testimony.
Being identified as vulnerable does not automatically guarantee all protections - the court will assess eligibility and decide which measures are appropriate.
Legal Basis and Purpose of Protection
The key legal framework for protecting vulnerable witnesses is the Youth Justice and Criminal Evidence Act 1999, supported by Criminal Procedure Rules and guidance from justice agencies. These laws aim to balance two fundamental needs: the defendant's right to a fair trial and the witness's ability to give reliable evidence without unnecessary distress.
Special protections are referred to collectively as special measures. They are designed to:
- reduce stress and anxiety associated with court testimony;
- improve communication between the witness and the court; and
- enhance the reliability and completeness of witness evidence.
Special Measures and How They Work
1. Screens and Separation
The court can place a screen between the witness and the defendant or accused person when giving evidence. This means the witness does not have to see the defendant while testifying, which can reduce intimidation.
2. Live Video Link (Live Link)
Vulnerable witnesses may give evidence via a live video link from another room in the court building or from a different secure location. This means they do not have to sit in the full courtroom while testifying.
3. Evidence by Video Recording
Pre‑trial recording of evidence (including pre‑recorded interviews and cross‑examination) under Section 28 of the YJCEA allows a vulnerable witness's testimony to be taken before the trial and played during the hearing. This approach is now available across all Crown Court locations in England and Wales.
4. Removal of Wigs and Gowns
To make the courtroom less intimidating, judges and advocates may remove wigs and gowns when a vulnerable witness is giving evidence, particularly younger witnesses.
5. Intermediaries and Communication Aids
Courts can appoint an intermediary to assist a vulnerable witness. An intermediary helps ensure questions are phrased in a way the witness can understand and supports effective communication with the court. Additional aids to communication like visual boards or assistive technology may also be used.
6. Giving Evidence in Private
In some cases, the court can order that evidence is given in private, meaning members of the public and press are excluded from the courtroom during that testimony.
7. Supporters and Court Familiarisation
Witnesses may be accompanied by a supporter (such as a family member or trained advisor) while giving evidence, if the judge allows. Witnesses can also arrange court familiarisation visits - letting them see the courtroom environment in advance to reduce anxiety.
How Special Measures Are Applied
Assessing Eligibility
Early in the criminal process, police and prosecuting authorities conduct a witness needs assessment to identify vulnerabilities. If special measures are thought necessary, they are formally raised with the court. The court will make an eligibility determination, considering whether the special measure is likely to improve the quality of evidence.
Requests and Court Discretion
Requests for special measures are normally made before trial, often at the first hearing where a not‑guilty plea is anticipated. The court then decides what protections to grant. Even if a witness is eligible, the court may decide not to grant certain measures if they are not proportionate or necessary.
Support Services and Practical Help
Prosecutors and the Witness Care Unit coordinate support for vulnerable witnesses throughout the case. This includes:
- explaining court procedures before the hearing;
- clarifying what special measures are available;
- arranging meetings with prosecutors to discuss support needs; and
- liaising with victim support organisations for ongoing help.
Being informed, prepared and supported can make a significant difference to a vulnerable witness's ability to participate in the criminal justice process.
Limitations and Considerations
Not all measures are appropriate for every case, and courts maintain discretion over which protections are granted. While email and phone support or adjustments may be available, special measures focus primarily on reducing distress during oral testimony.
The defendant's rights, including a fair trial, remain central. Measures such as recorded evidence and video links are designed to reduce distress for witnesses while preserving due process for all parties.
Summary
The criminal courts of England and Wales recognise that some witnesses face significant challenges when giving evidence. Through statutory special measures under the Youth Justice and Criminal Evidence Act 1999 and related procedural rules, vulnerable witnesses are supported to give their best evidence with dignity and reduced distress. These protections include the use of screens, live video links, pre‑recorded testimony, intermediaries and courtroom adjustments. Prosecutors, court witness services and support organisations work together to ensure that the rights of vulnerable individuals are respected and that they receive appropriate assistance at every stage of the process.
