At an inter partes hearing the defence will be able to make representations but will not have sight of any sensitive material disclosed to the judge. If considered necessary in exceptional circumstances, the court may invite the Attorney General to appoint special counsel to assist the court. the prosecution must be proactive, and, if relevant, focus closely on the credibility of the witness; this should if possible be objectively verified; Prosecutors should make sure that after the hearing children are told what has happened and that they understand. This is particularly important when the case is dropped at court or lesser pleas are accepted. The sentence the defendant has received and its effect should also be explained. Communicating the result of the case The CPS is committed to treating witnesses at court with respect and sensitivity. Prosecutors are reminded about their obligation to meet all witnesses before they give evidence, put nervous or vulnerable witnesses at ease and explain court procedures. It is particularly important that the advocate speaks to child witnesses before the trial. The Bar/CPS standard on communication with victims and witnesses called ‘ Speaking to Witnesses at Court’ (STWAC) covers all the responsibilities of the prosecuting advocate for victims and witnesses (including children) before and after court. Explaining procedures Practice Direction 12G (para 2.1 ‘Communication of information’): This sets out what information can be communicated to third parties - including the police and CPS. In essence, a party in family proceedings or any person lawfully in receipt of information can give the 'text or summary of the whole or part of a judgement given in the proceedings' to a police officer for the purposes of a criminal investigation or to a member of the CPS 'to enable the department to discharge its functions under any enactment.'

To be satisfied of the child's ability to understand and communicate and function as a competent witness, with or without the benefit of any special measures; Higher culpability factors involve: offence committed whilst on bail for other offences, offence motivated by the victim’s sexual orientation/disability/race/religion (or presumed membership), previous convictions, an intention to commit more harm than actually resulted from the offence, offenders operating in groups or gangs, deliberate targeting of vulnerable victims, use of a weapon to frighten or injure the victim, abuse of power or position of trust. Children between 10 and 17 can be arrested and taken to court if they commit a crime. Identity of children accused of a crimeProsecutors should obtain information about whether a reporting restriction is sought by a victim or witness. In approaching applications in respect of those under 18, prosecutors should note that the requirement in section 44 of the Children and Young Persons Act 1933 for courts to have regard to the welfare of children and young persons brought before them is not limited to defendants. Regular liaison should be had by the prosecution team with the Witness Service supporter or OIC so that a child can wait until shortly before needed to give evidence, either at home or somewhere away from the court where he or she is likely to feel more relaxed. Explaining delays

There are provisions in the Sexual Offences Amendment Act 1992 for a lifetime ban on publicity identifying a person in respect of certain sexual offences if it is likely to lead members of the public to identify the person against whom the offence is alleged to have been committed. The provision is not specific to children. There are also automatic reporting restrictions on certain pre-trial hearings (see the Contempt of Court, Reporting Restrictions and Restriction on Public Access to Hearings legal guidance). However, such restrictions generally only last until the conclusion of the trial(s). Prosecutors should anticipate cases in which a victim of a sexual offence may be asked to demonstrate intimate touching on their body. It is almost always inappropriate and unnecessary to have the child point to parts of their own bodies. In addition, the court must be satisfied that to refuse leave would result in an unsafe conclusion being drawn on a relevant issue of trial. Permission will also be refused by the court if it is considered that the principal aim of evidence claimed to relate to a relevant issue is simply to undermine the complainant’s reliability. The special measures which may be relevant for intimidated witnesses include screening the witness from the accused, evidence by live link and evidence given in private. Reporting restrictionsOn 29 June 2018, local authorities began their transition from Local Children's Safeguarding Boards (LSCBs) to the local safeguarding partner arrangements set out in Working together to safeguard children 2018 (Department for Education, 2018a). In R v Barker [2010] EWCA Crim 4, it was stated that it was not open to the judge to create or impose some additional but non-statutory criteria based on the approach of earlier generations to the evidence of young children. In particular, although the chronological age of the child will inevitably help to inform the judicial decision about competency, in the end, the decision is about the individual child and their competence to give evidence in the trial in question. Public interest stage