Special measures - Crown Prosecution Service

Keeping a record of the meetingIt is essential that a contemporaneous writtenrecord is kept of what is discussed and agreedwith the witness at the meeting. A CPS employeeshould be appointed as the designated note-takerfor this purpose. Annex I provides details of whatinformation should be recorded.The meeting attendees, with the exception of thewitness, should be asked to sign the record of themeeting as being a correct record of what wasdiscussed.The officer in the case must include the details ofthe written record on the MG6C form, whichmust be supplied to the CPS (see footnote 16).It is vital that the matters discussed at the meetingare sufficiently recorded. The written record mayavoid the CPS prosecutor being called as a witnessat the trial and, in the event of being called, willprovide an aide-memoire.It must be noted that the meetings with witnessesmay be tape-recorded or video-recorded if thecircumstances of the case justify this action. CPSprosecutors make a written note of the reason(s)for deciding to tape/video-record the meeting.The same principles of disclosure, as detailed atfootnote 16, will apply to the written note and therecord of the tape/video-recorded meeting.What should be discussed atthe meetingCPS prosecutors must consider each case on anindividual basis, but the following matters shouldbe included in the discussion:• an explanation to the witness of the purposesof the meeting;• an explanation as to the prosecutor’s role;16•an explanation to the witness that it will not bepossible to discuss the evidence of the witnessor any other matter relating to the evidence inthe case;• if appropriate, an explanation to the witness ofthe provisions contained in sections 34–36 ofthe 1999 Act;•an explanation to the witness that, although arelative, carer or supporter has attended themeeting with the witness, such a person will notnecessarily be permitted to sit in the witnessbox with the witness; and• if the witness asks and if the meeting does notcoincide with the pre-court familiarisation visitorganised by the Witness Service, anexplanation of court procedure and the rolesof the various parties in the trial.Where the CPS prosecutor has decided not toapply for any special measures, or to apply forspecial measure(s) that differ from those preferredby the witness, at the meeting they must providean explanation to the witness of the reasons forthat decision.Where the meeting takes place before theapplication for special measures is made to thecourt, the CPS prosecutor should:16Paragraph 5.12 of the Code for Crown Prosecutors states: “The Crown Prosecution Service does not act for victims or the families ofvictims in the same way as solicitors act for their clients. Crown Prosecutors act on behalf of the public and not just in the interests of anyparticular individual. However, when considering the public interest, Crown Prosecutors should always take into account the consequencesfor the victim of whether or not to prosecute, and any views expressed by the victim or the victim’s family.”12 Special measures meetings between the Crown Prosecution Service and witnesses