Behind every case that comes through our criminal courts is a person. They could be a witness who must relive a frightening experience to give their evidence. Sometimes it's a member of the public serving on a jury. And sometimes it's someone who, for reasons of disability or vulnerability, needs the system to adapt a little so that they can take part fully and fairly.
Making this possible is something we care deeply about. In this blog, we explore the real, practical progress made this year: making better use of technology to support vulnerable witnesses, assisting deaf jurors, and making a small change of phrase that's made a big difference to some court users.
Section 28: pre-recorded evidence for vulnerable witnesses
For a vulnerable witness, giving evidence in a criminal trial can be daunting, particularly in cases involving serious or sexual offences. The Youth Justice and Criminal Evidence Act 1999 allows witnesses to use special measures to give their evidence, with judicial approval. Evidence can be given in court from behind a screen, using a link into the court or in private.
Evidence can also be recorded and then played back in court. One of the most significant advances in recent years has been the move to an in-house system for recording evidence. Previously delivered through an external provider, the digital Pre-Recorded Evidence (PRE) platform means vulnerable witnesses can have their cross-examination captured in advance of the trial vat witness suits or at specialist locations they may already be familiar with, such as Sexual Assault Referral Centres (SARCs).
The service also now supports recordings from abroad, where a judge authorises it. We've already used this to record evidence from a child in America and a witness in New Zealand, meaning neither needed to travel or wait until they were next in the UK. Capturing evidence while it's still fresh also improves its quality.
This support extends to people facing serious ill health, where bespoke remote recordings can be arranged to allow them to give evidence in places such as care settings. For witnesses who are terminally ill or living with conditions such as Alzheimer's, this flexibility can be vital, as waiting for a court date could affect the quality of their evidence, or their ability to give it at all.
The latest available statistics show that in 2024, more than 2,200 witnesses pre-recorded their evidence, sparing them the potential distress of attending court and being in the same room as the suspect.
Deaf jurors: a growing number supported through jury service
Jury service is a civic duty that shouldn't be closed off to anyone because of their hearing. Following changes to the Police, Crime, Sentencing and Courts Act, British Sign Language (BSL) interpreters can now enter the jury deliberation room, allowing deaf jurors who use BSL to serve in the same way as anyone else.
Since that change came into effect in June 2022, 110 deaf jurors have been supported by BSL interpreters.
For those individuals, this change means being able to fulfil a civic responsibility that had previously been out of reach. It also matters for the justice system as a whole: a jury that excludes people because of how they communicate is a less representative one, and every deaf juror who takes part strengthens the principle that justice should be accessible to everyone.
This also shows how legislative change and practical delivery work together. The law created the opportunity, but making it real has depended on getting the details right, from courtroom layout to how interpreters and jurors work together during deliberations.
"All rise, if able": a small change with a big impact
In May 2025, HMCTS changed one of the most recognisable phrases in the English legal system: "all rise" became "all rise, if able."
The change came about after two cases in the Court of Appeal Civil Division, where the adapted phrase was used to accommodate disabled court users present in the room. On both occasions, the modified phrase was warmly received, prompting us to roll it out across all courts and tribunals, regardless of whether someone with a visible disability is in the room that day. This phrase is being heard more frequently in our courts, boosting inclusivity and helping to ensure that more users than ever before feel represented.
Our Annual Report sets out the wider work we are doing to support court users who may need additional help, including those who require a sunflower lanyard for hidden disabilities.
Find out more
There is more to be done to keep improving accessibility across courts and tribunals and this remains a firm commitment.
To find out more about the work we are doing in this area, you can listen to our podcast. You can also read our blog on supporting deaf jurors.
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