... persons under the age of 17 [s. 16 (1) (a)], and persons with either mental health difficulties (as described in the Mental Health Act 1983)), has a significant impairment of intelligence and social functioning [section 16 (2) (a) (ii)] and persons with either a physical disability or physical impairment [s. 16 (2) (b)]. It is determined by the court that these people will require assistance (pursuant to a s. 19 special measures application) by s. 16 (5), which states that the quality of the evidence given and the abilities of the witness to give cogent oral testimony and also to understand the questions, collectively and individually, put to him/her. However, it is a striking feature of this legislation that if a person is to fall into s. 16 (1) (b), the court must take into consideration the views of that witness. This places an emphasis upon the fact that not everyone ...

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