What are special measures and who qualifies for their use?
Special measures are adjustments to investigative and Court processes, designed to support vulnerable or intimidated victims and witnesses give their best evidence and participate in hearings at Court when they need to. When used effectively, they help victims and witnesses to participate fully during police investigations and in Court, reduce stress, support communication, remain engaged with the process and increase the likelihood that offenders can be brought to justice.
Special measures are available to prosecution and defence witnesses and are subject to the discretion of the Court. Special measures provisions were primarily legislated for in the Criminal Evidence (Northern Ireland) Order 1999. They could be a video link to give evidence remotely, the use of screens to shield witnesses from the accused, having access to a communication specialist (Registered Intermediary) to support and assist those with communication difficulties or giving evidence in private.
Inspection findings:
Examples of positive outcomes
The Inspection Team found initiatives like Remote Evidence Centres and the Registered Intermediary scheme had delivered positive results. There was evidence of high conviction rates and strong satisfaction among those who used them, demonstrating the clear impact that special measures can achieve.
Victim and Witness Needs Assessment Service
In 2020, CJI recommended, through its Inspection of the Treatment of Victims and Witnesses, the introduction of an enhanced Victim and Witness Needs Assessment Service within the Victim and Witness Care Unit. Although this recommendation was accepted, it has not been implemented by the Department of Justice (DoJ), the Police Service of Northern Ireland (PSNI), or the Public Prosecution Service for Northern Ireland (PPS) even after six years.
Case file review findings and concerns
A sample of 28 PSNI case files reviewed by Inspectors where victims or witnesses were eligible to apply for special measures found Police Officers had identified the need for special measures in only 10 of the cases. An area of concern was the quality of some Achieving Best Evidence recorded interviews. The lack of strategic oversight fragmented training and quality assurance measures meant vulnerabilities were not always identified and victims and witnesses were not always informed of their Victim Charter and Witness Charter entitlements.
The PPS also needed to improve their strategic approach to ensure the early identification of special measures. A case file review showed that out of 31 cases where there was an automatic eligibility for special measures, Prosecutors identified a need for special measures in only six of these cases. Inspectors also highlighted that he PPS victim and witness needs assessment was not effective and it lacked monitoring and follow-up.
Monitoring of special measures
The Department of Justice was not monitoring how special measures were being used in the criminal justice system to know if they were effectively used to support victims and witnesses and meet Victim Charter and Witness Charter obligations.
Why change is urgent
Delays and limited resources continue to compromise access to support, causing victims and witnesses to wait with uncertainty about receiving the special measures they are entitled to. Without prioritising improvements, the justice system may fail vulnerable individuals. Timely and effective access to special measures is vital for maintaining public trust and ensuring victims and witnesses can effectively participate in legal proceedings.
Conclusion
This Inspection showed that special measures delivered benefits for victims and witnesses, but significant gaps remained in strategic oversight, training, needs assessments and quality assurance across the criminal justice system. Inspectors made six recommendations for improvement, designed to give victims and witnesses access to their Charter entitlements and help them feel supported and stay engaged in a prosecution, ready to give their evidence when they need to.
