Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the effectiveness of the use and operation of Special Measures in the criminal Courts.  

Special measures are adjustments to typical Court practices, which are made to help Court users, particularly vulnerable or intimidated witnesses, participate fully in Court proceedings and give the best possible evidence before the Court.  The types of special measures available include the provision of screens at Court, the use of live link and video technology and the removal of wigs and gowns. 

Special measures for vulnerable and intimidated witnesses are authorised by the Court and only if it is determined that they are likely to improve the quality of a witness’s evidence.Some groups have automatic eligibility including children, a witness who is the complainant in respect of a sexual offence and a victim of a domestic abuse offence (as detailed below).  While special measures are applied for, the Judiciary usually grant applications for people in those groups.  ‘Quality’ encompasses coherence, completeness and accuracy in the evidence.  In deciding eligibility, the Courts must consider witnesses’ own views about the need for special measures. 

The key organisations involved in this inspection are the Police Service of Northern Ireland (PSNI), the Public Prosecution Service for Northern Ireland (PPS) and the Northern Ireland Courts and Tribunals Service (NICTS).  CJI do not inspect the Judiciary but as a key stakeholder, who has responsibility for determining whether special measures are granted and have experience of how they operate in criminal Courts, their views will be sought during fieldwork.

Representatives from voluntary and community sector organisations who provide support to victims and witnesses, in particular, the National Society for the Prevention of Cruelty to Children (NSPCC) Young Witness Service and Victim Support Northern Ireland, who provide support to victims and witness at Court and in Remote Evidence Centres, will also be invited to take part to inform the inspection.

Context
Special measures provisions are primarily legislated for in The Criminal Evidence (NI) Order 1999^[1] (“the Order”).  Subsequent legislation over the last 25 years commenced parts of the Order that were not yet in force and also made amendments:

• The Coroners and Justice Act 2009^[2] and the Justice Act (Northern Ireland) 2011^[3] amended the Order to remove the distinction between child witnesses in need of special protection and children giving evidence, as well as changing the upper age at which children qualify for special measures from 17 to 18 years. 
• The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021^[4] amended the Order to included domestic abuse as an offence for which witnesses were eligible for assistance on grounds of fear or distress about giving evidence. 

The Department of Justice (DoJ) published their first Victim and Witness Strategy which incorporated special measures in 2013, ‘Making a Difference to Victims and Witnesses of Crime – Improving Access to Justice, Services and Support – A Five-Year Strategy (2013 -2018)’,^[5] which provided the strategic direction to criminal justice organisations.  This strategy delivered the Victims and Witness Charters in 2015^[6] and 2017^[7] respectively which advised victims and witnesses about their entitlements, including special measures, and the standards of service that they can expect to receive when in contact with the criminal justice system; the establishment of the Victim and Witness Care Unit (VWCU) in April 2014; and the establishment of a Registered Intermediary Service in 2013. The 2013-18 Strategy was subsequently supplemented by a revised three year action plan^[8], which was published in November 2018. 

The current Victim and Witness Strategy 2021-2024_^[9] was extended for one year and aims to:

• understand better what victims and witnesses need;
• provide more effective support;
• focus more on ensuring that we consider the needs of victims and witnesses as we put in place new policies, strategies and operational practices; and
• ensure that we consistently provide the information, services and support that victims and witnesses need and are entitled to.

In January 2012 the DoJ published ‘Achieving Best Evidence in Criminal Proceedings.  Guidance on interviewing victims and witnesses, the use of special measures, and the provision of pre-trial therapy.’^[10]  At the time of writing, this was still the primary source of guidance for the PSNI.  The PPS published their Victim and Witness Policy in 2017^[11] which reinforced the Victim Charter and provided information for victims regarding the entitlement and eligibility requirements for special measures and the types of supporting evidence required to support application for special measures.

The most recent Victim and Witness Experience of the Northern Ireland Criminal Justice System Survey key findings for 2022-23^[12] did not include specific questions on special measures but did examine victim and witness awareness of the Victim and Witness Charters, the provision of information around giving evidence by live link and concerns of victims and witnesses attending Court.  Findings included:   

• just over one fifth of victims (21%) reported being aware of the Victim Charter; of those victims aware of the charter, just 11% reported having referred to it; of those who referred to it, 78% reported having found it helpful;
• fewer than three in 10 witnesses (27%) reported being aware of the Witness Charter; of those witnesses aware of the charter, 9% reported having referred to it; all of those who referred to it reported having found it helpful;
• 28% of respondents reported having heard of the VWCU;
• 24% of respondents reported having received adequate information around giving evidence remotely by sightlink; and
• the two concerns most frequently cited by respondents with regard to Court attendance related to potential contact with the defendant and/or his/her supporters (cited by 56% of respondents) and fear of intimidation from the defendant and/or his/her supporters (52%).

It was important that PSNI investigators established at an early stage whether a witness was entitled to special measures, and if so, what measures would best assist.  To ensure witnesses were aware if they had been granted adjustments, it was important that special measure applications were heard before the Court as early as possible.  Protracted Court proceedings and the uncertainty around whether measures would be granted often caused further distress to victims.  Tantamount to early identification of needs and the prompt hearing of the special measures application was clear, timely, communication with the witness regarding the outcome of the application.  This inspection will look at the effectiveness of criminal justice system in identifying victim and witness needs and the support provided and the communication with victims and witnesses as they traverse the criminal justice process.

Previous inspections

CJI have previously carried out an inspection of The use of special measures in the criminal justice system in Northern Ireland in 2012.^[13]  Since then special measures have been inspected as part of other inspection reports including A Thematic Inspection of the Handling of Sexual Violence and Abuse Cases by the Criminal Justice System in Northern Ireland 2018^[14], A Thematic inspection of the handling of domestic violence and abuse cases by the Criminal Justice System in Northern Ireland.^[15]and An Inspection of the Effectiveness of the Criminal Court Administration 2024.^[16]Aims of the Inspection
The broad aims of this inspection are to:

• examine the strategic and policy framework for special measures and the strategic accountability mechanisms in place for their use and evaluation;

• review the effectiveness of special measures governance including recording, quality assurance and performance management;
• examine the effectiveness of the needs assessment and processes utilised by the PSNI and the PPS in early identification of witness needs, vulnerabilities and intimidation;
• review the operational delivery of special measures by criminal justice organisations in achieving outcomes for victims and witnesses and supporting the achievement of strategic business objectives and improved service delivery;
• assess how effectively criminal justice organisations deliver the relevant Victim and Witness Charters obligations;
• examine the effectiveness of awareness raising of victims and witnesses entitlements under the relevant provisions of the Victim and Witness Charters;
• assess whether the intended outcomes of special measures have been achieved;
• assess how the effectiveness of special measures use is benchmarked against international standards and good practice elsewhere; and
• any other matters arising during the inspection if considered appropriate by CJI may be included. 

Methodology
The review will be based on the CJI Inspection Framework, the three main elements of the inspection framework are:

• Strategy and governance;
• Delivery; and
• Outcomes.

Design and Planning
Preliminary research
Data and initial information has been researched online to inform the scope of this inspection.

Stakeholder consultation
Consultation has taken place with PSNI, the NSPCC and Victim Support NI to determine the scope of the inspection.

Benchmarking, research and data collection
Collection of benchmarking information and data and review of inspection and research reports will be undertaken.

Contact with organisations
Terms of reference will be shared with the DoJ, the PSNI, the PPS, the NICTS and other bodies as appropriate.  Liaison officers from the relevant organisations should be nominated for the purposes of the inspection.

Policies and procedures, management information, minutes of meetings and related documentation from the organisations will be requested and examined. 

Stakeholder consultation
The following stakeholder organisations and individuals will be consulted:

• NSPCC;
• Victim Support NI;
• Nexus;
• ASSIST NI;
• Commissioner for Victims of Crime in Northern Ireland designate;
• The Judiciary;
• The Law Society of Northern Ireland; and
• The Bar Council of Northern Ireland.

Other stakeholders and organisations may be consulted as required.

Self-assessment
The PSNI, the PPS and the NICTS will be asked to undertake a self-assessment, which will be reviewed by CJI during this inspection.

Development of fieldwork plan
Interviews and focus groups will be conducted with the PSNI, the PPS, the NICTS, the DoJ and other criminal justice agency staff, and relevant stakeholders to give an insight into the issues affecting the effectiveness of the delivery of special measures to support victims and witnesses in giving their best evidence.  Inspectors will also examine PSNI and PPS documents and records to assess the effectiveness of processes for early identification of vulnerabilities and timely special measures applications.

Initial feedback to agency
On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging findings will be developed.  CJI will then present the emerging findings to the PSNI, the PPS, the NICTS and the DoJ.

Drafting of report
Following completion of the fieldwork and analysis of data, a draft report will be shared with the PSNI, the PPS, the NICTS and the DoJ and any other relevant stakeholders for factual accuracy check within four weeks.  The Chief Inspector will invite the organisations, where appropriate, to complete an action plan within a further two weeks to address the recommendations and if the plan has been agreed and is available, it will be published at the same time/alongside the final inspection report.  The review report will be shared, under embargo, in advance of the publication date with relevant bodies.

Publication and Closure
A report will be sent to the Minister of Justice for permission to publish.  When permission is received the report will be finalised for publication.  A press release will be drafted and shared with the PSNI, the PPS and the NICTS and the DoJ and any other relevant stakeholders prior to publication and release.  A publication date will be agreed and the report will be issued.

Indicative Timetable

The above timetable may be impacted by factors outside CJI’s control.  Organisations will be kept advised of any significant changes to the indicative timetable.

[1] Legislation.gov.uk, The Criminal Evidence (NI) Order 1999 available at https://www.legislation.gov.uk/nisi/1999/2789/contents.

[2] Legislation.gov.uk, The Corners and Justice Act 2009 available at https://www.legislation.gov.uk/ukpga/2009/25/contents.

[3] Legislation.gov.uk, The Justice Act (Northern Ireland) 2011 available at https://www.legislation.gov.uk/nia/2011/24/contents.

[4] Legislation.gov.uk, The Domestic Abuse and Civil Proceedings Act (Northern Ireland) available at https://www.legislation.gov.uk/nia/2021/2/enacted.

[5] DoJ, Making a Difference to Victims and Witnesses of Crime – Improving Access to Justice, Services and Support – A Five-Year Strategy (2013 -2018) available at https://www.justice-ni.gov.uk/sites/default/files/publications/doj/making-a-difference-to-victims-and-witnesses-of-crime-strategy.pdf.

[6] DoJ, Victim Charter 2015 available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/Victim%20Charter.pdf.

[7] DoJ, Witness Charter 2017 available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/witness-charter.PDF.

[8]DoJ, Victim and Witness Action Plan 2017-2020 available at https://www.justice-ni.gov.uk/publications/victim-and-witness-action-plan-2017-2020

[9] DoJ, Victim and Witness Strategy 2021-2024 available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/victim%20and%20witness%20strategy%202021-2024_0.pdf.

[10] DoJ, Achieving Best Evidence in Criminal Proceedings 2012 available at https://www.justice-ni.gov.uk/sites/default/files/publications/doj/achieving-best-evidence-a-practioner-guide.pdf

[11] PPS, Victim and Witness Policy 2017 available at https://www.ppsni.gov.uk/files/ppsni/publications/PPS%20Victim%20and%20Witness%20Policy%20%28June%202017%29.pdf.

[12] DoJ, Victim and Witness Experience of the Northern Ireland Criminal Justice System: Key Findings – 2022/23 available at https://www.justice-ni.gov.uk/publications/victim-and-witness-experience-northern-ireland-criminal-justice-system-key-findings-202223.

[13] CJI, The use of special measures in the criminal justice system in Northern Ireland 2012 available at https://www.cjini.org/TheInspections/Inspection-Reports/2012/April—June/The-use-of-special-measures-in-the-criminal-justic

[14] CJI, A Thematic Inspection of the Handling of Sexual Violence and Abuse Cases by the Criminal Justice System in Northern Ireland 2018 available at https://www.cjini.org/TheInspections/Inspection-Reports/2018/October-December/Sexual-Violence

[15] CJI, A Thematic inspection of the handling of domestic violence and abuse cases by the Criminal Justice System in Northern Ireland. available at https://www.cjini.org/TheInspections/Inspection-Reports/2019/April-June/Domestic-Violence

[16] CJI, An Inspection of the Effectiveness of the Criminal Court Administration 2024 available at https://www.cjini.org/TheInspections/Inspection-Reports/2024/July-Sep/Effectiveness-of-criminal-Court-administration

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