This article examines the purpose behind the provision of special measures—adaptations to courtroom formalities—to vulnerable or intimidated people giving evidence in criminal trials. It shows that fostering the principle of humane treatment and improving evidence quality were the initial motivations underpinning the introduction of special measures. The focus in this article is on the principle of humane treatment, and whether the current provision of special measures successfully fosters it. The article conceptualises the principle of humane treatment so that it can be used as the normative measure against which to evaluate the current provision of special measures to vulnerable witnesses and the accused. It concludes that the solely instrumental legal basis on which special measures are currently available risks insufficiently protecting vulnerable or intimidated participants from the harm and distress that the criminal trial often causes, and that this can amount to inhumane treatment.

中文翻译：

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《青年司法和刑事证据法》（1999 年）：特别措施和人道待遇

本文探讨了向在刑事审判中作证的弱势或受恐吓者提供特殊措施（适应法庭手续）背后的目的。它表明，培养人道待遇原则和提高证据质量是支持采取特殊措施的最初动机。本文的重点是人道待遇原则，以及目前的特殊措施是否成功地促进了这一原则。本文将人道待遇原则概念化，以便将其用作规范性措施，以评估当前对弱势证人和被告人的特殊措施的规定。