Prosecution

Prosecution

In relation to mentally incapacitated persons who are witnesses, the prosecutors will consider whether their attendance is strictly necessary before trial, and ensure that only witnesses necessary to prove the charge are called to testify in court. To the extent that it is practicable and/or necessary, prosecutors may ask the police to arrange a visit to court for mentally incapacitated witnesses before trial.

In addition, it may be appropriate for protection to be provided to mentally incapacitated witnesses (considered vulnerable witnesses) or victims of crime by way of:

• Allowing them to give evidence by live television link;
• Allowing electronically pre-recorded video evidence;
• Use of a screen;
• A closed court hearing;
• An expedited hearing;
• A continuous hearing; 
• Support persons;
• Informality in court conduct; and

• Special security measures.