. . 16-52) in force for certain purposes at Royal Assent, see s. 68(4), I54S. 2004/2428, art. by, Competence of witnesses and capacity to be sworn. 2013/554), reg. 2009/2083), arts. (b)any person having functions in relation to the programme corresponding to those of an editor of a newspaper. (7)Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties. 2016/553, reg. (a)criminal proceedings in a court other than a service court commence when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act; (b)proceedings in a service court commence when the charge is brought under [F67section 121(1A) or 122] of the Armed Forces Act 2006. 2013/1103, art. (4)For the purposes of subsection (3) no evidence or question shall be regarded as relating to a relevant issue in the case if it appears to the court to be reasonable to assume that the purpose (or main purpose) for which it would be adduced or asked is to establish or elicit material for impugning the credibility of the complainant as a witness. 15 Pt. Stone Cold vs The Rock - WWF Title - Part I - Backlash 1999. 59 wholly in force; s. 59 not in force at Royal Assent see s. 68(3); s. 59 in force in relation to England and Wales and Northern Ireland at 14.4.2000 by S.I. 384(c); S.I. . II Chs. . 21, 33, 42, 58, 75, 93); S.I. may be given at the time the direction under subsection (3) is given or subsequently; and. 2016/553, reg. 2009/2083), arts. 2011/1452, art. any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness. . may, in accordance with [F63Criminal Procedure Rules in England and Wales, or rules of court in Northern Ireland], appeal to the Crown Court[F62, or in Northern Ireland a county court,] against that decision or appear or be represented at the hearing of such an appeal. No matter relating to any person involved in the offence shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as a person involved in the offence. 1-4 (ss. 2(d), (1)If an offence under section 49 committed by a body corporate is proved—, (a)to have been committed with the consent or connivance of, or. II Chs. 3, 4), F58S. . . 4(2) and S.I. . . 2009/2083), arts. (8)In this section “statement” includes any representation of fact, whether made in words or otherwise. (1)Subject to subsection (2), a direction has binding effect from the time it is made until the witness to whom it applies is discharged. and. . 3(b), I65S. and for this purpose any impairment of eyesight or hearing is to be disregarded. Inferences from silence not permissible where no prior access to legal advice. 3), C35S. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 22 in force in so far as not already in force at 24.7.2002 by S.I. A magistrates’ court inquiring into an offence as examining justices under section 6 of the. 2009/2083), arts. 6C(5) (as inserted (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. (2)The court may discharge a direction if it appears to the court to be in the interests of justice to do so, and may do so either—, (4)The court must state in open court its reasons for—, (b)refusing an application for, or for the discharge of, or. 31 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2004/299, art. 51 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2009/2083), arts. 51 applied by S.I. . Sold Out. (a)by modifying the provisions relating to any measure for the time being available in relation to such a witness, (i)(with or without modifications) of any measure which is for the time being available in relation to a witness eligible for assistance by virtue of the other of those sections, or, C8S. 2014/2590, art. 23); S.I. by S.I. in so far as not already in force by, Power to restrict reporting of criminal proceedings for lifetime of witnesses and victims under 18, any criminal proceedings in any court (other than a service court) in England and Wales, and. that it is in the interests of justice for the accused to give evidence through a live link. a person who is alleged to have been a witness to the commission of the offence; Subsection (4)(b) applies to a publication if—, where it is a relevant programme, it is transmitted, or. 2004/874, art. (11)In the case of a decision of a magistrates’ court in England and Wales, or a court of summary jurisdiction in Northern Ireland, to make or refuse to make an order under subsection (7), the following persons, namely—, (a)any person who was a party to the proceedings on the application for the order, and. 1, 9, 10, C69S. . 1, 3, 4, I26S. (a)by any inferences that might be drawn from the fact that the accused has been prevented from cross-examining the witness in person; (b)where the witness has been cross-examined by a legal representative appointed under section 38(4), by the fact that the cross-examination was carried out by such a legal representative and not by a person acting as the accused’s own legal representative. 2009/2083), arts. 33(6) substituted (18.12.2013) by The Special Measures for Child Witnesses (Sexual Offences) Regulations 2013 (S.I. ], F66S. . . . by, S. 50 in force at 13.4.2015 for specified purposes for E.W. 2015/818, art. (1.4.2007) by, Restrictions on reporting directions under. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 42 in force at 4.12.2000 in so far as not already in force by S.I. . the court shall make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objections or representations. 2004/467, art. (i)the social and cultural background and ethnic origins of the witness, (ii)the domestic and employment circumstances of the witness, and. 2012/1320, art. by S.I. The Secretary of State may by order make such amendments of this Chapter as he considers appropriate for altering the special measures which, in accordance with subsection (1)(a) or (b), are available in relation to a witness eligible for assistance by virtue of section 16 or (as the case may be) section 17, whether—. 35(3)(a)(vii) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. S. 53 applied (with modifications) (31.10.2009) by, Any question whether a witness in criminal proceedings is competent to give evidence in the proceedings, whether raised—. 2, F48Words in s. 35(3)(a)(vi) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. (1)A special measures direction may provide for a video recording of an interview of the witness to be admitted as evidence in chief of the witness. Competence of witnesses to give evidence. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 38 in force at 4.9.2000 by S.I. in so far as not already in force by S.R. F56S. 1-4 (ss. Revised legislation carried on this site may not be fully up to date. Any appropriate criminal court may by order dispense, to any extent specified in the order, with the restrictions imposed by subsection (2) in relation to a person if it is satisfied that it is necessary in the interests of justice to do so. 2 Ch. . II Chs. . . 2012/2761, art. . 34(4), 63(2); S.I. . 1(3), Sch. (1B)In determining who may accompany the witness, the court must have regard to the wishes of the witness.]. (with arts. 1, 3, 4, I10S. 56(1)-(4) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 30 Aids to communication. (a)paragraphs (a) and (b) of subsection (2) apply, and, (b)the contravention of section 44(2) does not relate to either—, (i)the person by whom the offence mentioned in that provision is alleged to have been committed, or. the court’s approval for the purposes of this section is given before the direction is given. there is only one accused in the relevant proceedings, and. . . Tom finds he's been set up as he struggles to clear his name in a murder investigation. 49 applied by S.I. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 39 in force at 4.9.2000 by S.I. 47, 53(1); S.I. 45 applied (E.W.) 2010/976), Sch. . . . . F44S. 1(3), Sch. (1)A special measures direction may provide for the witness to give evidence by means of a live link. II Chs. (8)However, when deciding whether to make such an order dispensing (to any extent) with the restrictions imposed by subsection (2) in relation to a person, the court shall have regard to the welfare of that person. 22 para. 2, C62S. Application of Part II to service courts. I77S. Where the accused is aged under 18 when the application is made, the conditions are that—, his ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by his level of intellectual ability or social functioning, and. (6)The court may only give such a further direction if it appears to the court—, (a)that the proposed cross-examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the original recording was made in pursuance of subsection (1), of a matter which that party could not with reasonable diligence have ascertained by then, or. any reference to cross-examination includes (in a case where a direction is given under section 36 after the accused has begun cross-examining the witness) a reference to further cross-examination; and, Words in s. 38(6)(7) substituted (1.9.2004) by, S. 38 applied (with modifications) (31.10.2009) by, S. 38 wholly in force at 4.9.2000; Pt. 1, 9, 10. (3)The power to make an order under section 39 of the M29Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to the armed forces) in relation to any provision of sections 34 to 38 of that Act shall be exercisable in relation to any provision of those sections as amended by section 58 above. 22 para. . 2009/2083), arts. . (5)Any proceedings from which persons are excluded under this section (whether or not those persons include representatives of news gathering or reporting organisations) shall nevertheless be taken to be held in public for the purposes of any privilege or exemption from liability available in respect of fair, accurate and contemporaneous reports of legal proceedings held in public. (6)For the purposes of this section a reporting direction in relation to a witness is a direction that no matter relating to the witness shall during the witness’s lifetime be included in any publication if it is likely to lead members of the public to identify him as being a witness in the proceedings. (b)in connection with any other offence (of whatever nature) with which that person is charged in the proceedings. 98(3)(b), 182(5) (with s. 180, Sch. (b)an excepting direction under subsection (4) or (5) by virtue of which the restrictions imposed by a direction under subsection (3) would be dispensed with (to any extent) in relation to a person. (e)the M20Criminal Justice (Northern Ireland) Order 1994, I46Pt. and. . . (1)Subsections (2) to (4) apply to a statement made by a witness in criminal proceedings which, in accordance with a special measures direction, is not made by the witness in direct oral testimony in court but forms part of the witness’s evidence in those proceedings. Witnesses eligible for assistance on grounds of fear or distress about testifying. In this Part “sexual offence” means any offence under—, Part 1 of the Sexual Offences Act 2003 or any relevant superseded offence; or. 2(a), F21S. 24(8) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. . any religious beliefs or political opinions of the witness; any behaviour towards the witness on the part of—, members of the family or associates of the accused, or. 1-4 (ss. 28 in force at 24.2.2020 for specified purposes by S.I. Return to the latest available version by using the controls above in the What Version box. by S.I. 4(1)(c)(d)(2)(3) (with art. (18.9.2006) by, S. 51 in force at 7.10.2004 for specified purposes for S. by, S. 51 in force at 7.10.2004 for specified purposes for E.W. 2004/2066, art. . . 41(2); S.I. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 43 in force at 4.12.2000 in so far as not already in force by. . 48(a) in force at 13.4.2015 for E.W. 23 Pt. II Chs. . S. 19 applied (with modifications) (31.10.2009) by, S. 19 wholly in force at 24.7.2002; Pt. 45A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. a person is charged with an offence under section 49, and. Procedure on applications under section 41. para. a direction and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings. 2009/2083), arts. 16-52) in force for certain purposes at Royal Assent, see s. 68(4). (2)Where the court, in making a determination for the purposes of section 19(2), determines that a witness in criminal proceedings is a child witness, the court must—, (a)first have regard to subsections (3) to [F7(4C)] below; and. (a)any power of a court to make an order, give directions or give leave of any description in relation to any witness (including an accused), or, (b)the operation of any rule of law relating to evidence in criminal proceedings. 2012/2761, art. 3, 6, 8), C28S. 48(e) in force at 8.11.2004 for N.I. . 2004/2428, art. . 3, Sch. II Chs. In determining the question mentioned in subsection (1) the court shall treat the witness as having the benefit of any directions under section 19 which the court has given, or proposes to give, in relation to the witness. 23 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. it shall be a defence, unless subsection (8) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication. . (b)one or more of them object to the making of an order under subsection (3). 1 applied (with modifications) by 1998 c. 37, s. 1I(2)(3) (as inserted (1.7.2005) by, Pt. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 33 in force in so far as not already in force at 24.7.2002 by S.I. On the way, Jesus raises Lazarus which will eventually lead to his death by crucifixion. Different options to open legislation in order to view more content on screen at once. . (b)the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 45A(2). (1)This section applies where an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36. . II Chs. and references (in section 41 or this section) to a person charged with an offence accordingly include a person convicted of an offence. 3 (with s. 180, Sch. . any offence (not within any of the preceding paragraphs) which involves an assault on, or injury or a threat of injury to, any person. 2002/1739, art. Subsections (2) to (4) and (4C) of section 21, so far as relating to the giving of a direction complying with the requirement contained in section 21(3)(a), apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that section). . . the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings. . the social and cultural background and ethnic origins of the witness, the domestic and employment circumstances of the witness, and. (b)it shall not cease to do so in the event of that person or those persons pleading guilty to, or being convicted of, that charge. 2(a), C12S. any reference to the quality of a witness’s evidence shall be construed in accordance with section 16(5). . Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 2, Sch. (b)“qualified legal representative” means a legal representative who has a right of audience (within the meaning of the M10Courts and Legal Services Act 1990) in relation to the proceedings before the court. 1(2)(a), 6; S.R. . . . 2012/1320, art. 2009/2083), arts. Show Timeline of Changes: 2(a), F16Word in s. 22(1)(a)(ii) substituted (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. II Chs. 49(1)-(5) in force at 7.10.2004 for specified purposes for S. by S.S.I. the level of co-operation given by the person to any party to the proceedings in connection with that party's preparation of its case, In determining whether subsection (5) is satisfied, the court must in particular take into account—, such of the following as appear to the court to be relevant—. F44(ii). . 1, 4, (1)In section 33A “live link” means an arrangement by which the accused, while absent from the place where the proceedings are being held, is able—. 2(a), (1)No person charged with an offence to which this section applies may in any criminal proceedings cross-examine in person a protected witness, either—, (2)For the purposes of subsection (1) a “protected witness” is a witness who—, (a)either is the complainant or is alleged to have been a witness to the commission of the offence to which this section applies, and, (b)either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—, (i)by means of a video recording made (for the purposes of section 27) at a time when the witness was a child, or, (3)The offences to which this section applies are—. . 2016/553, reg. 1 para. 3(c), 4, Schs. . 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 38 in force at 4.9.2000 by. 2, I63Pt. (8)Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of matter in a publication. (11)In this section “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal. 1-4 (ss. 1-4 (ss. S. 48(b) in force at 7.10.2004 for E.W. (2)In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence. 16-52) in force for certain purposes at Royal Assent, see s. 68(4), S. 28 in force at 30.12.2013 for specified purposes by, S. 28 in force at 2.1.2017 for specified purposes by, S. 28 in force at 3.6.2019 for specified purposes by, S. 28 in force at 24.2.2020 for specified purposes by, S. 28 in force at 24.8.2020 for specified purposes by. 98(4)(a), 182(5) (with s. 180, Sch. . The Secretary of State may by order amend Schedule 1A. . . . . 58(5) in force for certain purposes at Royal Assent, see s. 68(4)(d), I74S. Royal Rumble 2002 WWF vs WCW&ECW. 2009/2083), arts. . 4); S.I. by S.I. Pt. 6C(5) (as inserted (N.I.) 3, Sch. A special measures direction may provide for the exclusion from the court, during the giving of the witness’s evidence, of persons of any description specified in the direction. (4)Where the accused is aged under 18 when the application is made, the conditions are that—, (a)his ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by his level of intellectual ability or social functioning, and. . 1-4 (ss. 2001/916, art. ], (a)where the offence falls within subsection (3)(a), a person under the age of [F5218]; or. the provision which may be made by a special measures direction by virtue of each of sections 23 to 30 is a special measure available in relation to a witness eligible for assistance by virtue of section 16; and. In section 34 (effect of accused’s failure to mention facts when questioned or charged), after subsection (2) there shall be inserted—. (c)a “relevant recording”, in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness. 21, 33, 42, 58, 75, 93); S.I. 21, 33, 42, 58, 75, 93); S.I. 1 para. 2006/3364, art. . . 4); S.I. 44(1), I37Pt. 4(a), C5Pt. (5)Where a recording is admitted under this section—, (a)the witness must be called by the party tendering it in evidence, unless—, (i)a special measures direction provides for the witness’s evidence on cross-examination to be given [F25in any recording admissible under section 28], or, (ii)the parties to the proceedings have agreed as mentioned in subsection (4)(a)(ii); and, [F26(b)the witness may not without the permission of the court give evidence in chief otherwise than by means of the recording as to any matter which, in the opinion of the court, is dealt with in the witness's recorded testimony.]. 105, 182(5) (with s. 180); S.I. 33 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. that for any other reason it is in the interests of justice to give the further direction. II Chs. II Chs. (2)The court may, on the application of the accused, give a live link direction if it is satisfied—, (a)that the conditions in subsection (4) or, as the case may be, subsection (5) are met in relation to the accused, and. 35(3A) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 2013/1103, art. (b)has been nominated for the purpose by one or more such organisations. the offence relates to the inclusion of any matter in a publication in contravention of section 44(2), paragraphs (a) and (b) of subsection (2) apply, and, the contravention of section 44(2) does not relate to either—, the person by whom the offence mentioned in that provision is alleged to have been committed, or, (where that offence is one in relation to which section 1 of the, the contravention of section 44(2) relates to a person (“the protected person”) who is neither—, the person mentioned in subsection (3)(b)(i), nor. 2009/2569), arts. Where an offence under section 49 is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 2, No person charged with a sexual offence may in any criminal proceedings cross-examine in person a witness who is the complainant, either—. 2009/2083), arts. . 2(1)(c)(2)(3) (with arts. 2(c), I57S. (c)any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness. (5)Where in pursuance of subsection (1) a recording has been made of any examination of the witness, the witness may not be subsequently cross-examined or re-examined in respect of any evidence given by the witness in the proceedings (whether in any recording admissible under section 27 or this section or otherwise than in such a recording) unless the court gives a further special measures direction making such provision as is mentioned in subsection (1)(a) and (b) in relation to any subsequent cross-examination, and re-examination, of the witness. (1)A special measures direction may provide for any examination of the witness (however and wherever conducted) to be conducted through an interpreter or other person approved by the court for the purposes of this section (“an intermediary”). any other person who is likely to be an accused or a witness in the proceedings. . in the case of any other publication, it is published. 23); S.I. . 2(b)}, F43Ch. . For the purposes of subsection (2), matters relating to a person in respect of whom the reporting direction is made include—. 21(4A)(4B) inserted (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. F20S. . . (ii)where the court acts of its own motion to determine whether to give or make any such direction or order. 8 years ago | 54.3K views. 3), C23S. Directed by Constantine Makris. 2013/1103, art. (1)The Secretary of State may by order direct that any provision of—. a “relevant recording”, in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness. 384(e); S.I. The persons who may be so excluded do not include—, legal representatives acting in the proceedings, or, A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who—, is a representative of such an organisation, and. 5); S.I. A live link direction is a direction that any oral evidence to be given before the court by the accused is to be given through a live link. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 41 in force at 4.12.2000 in so far as not already in force by. (7)The court may give permission for the purposes of subsection [F27subsection (5)(b)] if it appears to the court to be in the interests of justice to do so, and may do so either—, (a)on an application by a party to the proceedings, F28... or. 56(2), 63(2), 78); S.I. 47 applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. (b)it appears to the court that there are reasonable grounds for believing that any person other than the accused has sought, or will seek, to intimidate the witness in connection with testifying in the proceedings. With Jerry Orbach, Benjamin Bratt, S. Epatha Merkerson, Sam Waterston. II Chs. 2004/1988 (N.I. . 23); S.I. by, S. 49 in force at 13.4.2015 for specified purposes for E.W. 35(3)(a)(iva) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection (2). 3 (with s. 180, Sch. 30 wholly in force at 24.7.2002; Pt. 2, C52S. 29 in force at 23.2.2004 in so far as not already in force by S.I. 2015/818, art. II Chs. . 4(1)(c)(2)(3) (with art. . . 98(3)(a), 182(5) (with s. 180, Sch. 102(2), 182(5) (with s. 180, Sch. 2, C47S. 1-4 (ss. (2)Subsection (8)(a) of section 38 applies for the purposes of this section as it applies for the purposes of section 38. . 2(a), F68Words in s. 47 cross-heading substituted (E.W.N.I.) 27(1) applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. no notification has been received by the court and it appears to the court that no legal representative is to so act. . . (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. II Chs. . 100(4)(b), 182(5) (with s. 180, Sch. The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—. 2(1), I15S. More information is available about EU Legislation and UK Law. 2013/1103, art. 1-4 (ss. Changes to Legislation. 2005/1965), arts. 6), F70Words in s. 47(2)(a) inserted (E.W.N.I.) 51 in force at 8.11.2004 for specified purposes for N.I. 16-52) in force for certain purposes at Royal Assent, see s. 68(4), I59S. (4B)The requirement in subsection (4A) is subject to the following limitations—, (a)if the witness informs the court of the witness's wish that the requirement in subsection (4A) should not apply, the requirement does not apply to the extent that the court is satisfied that not complying with it would not diminish the quality of the witness's evidence; and, (b)the requirement does not apply to the extent that the court is satisfied that making such a provision would not be likely to maximise the quality of the witness's evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).
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