*/
Criminal
The Ministry of Justice announced on 11 June that there will be a pilot of s 28 of the Youth Justice and Criminal Evidence Act 1999 which allows for recorded, pre-trial cross examination of vulnerable and intimidated witnesses “in cases where there may be a delay in the holding of the trial or where the nature of the case is such that the witness could be cross-examined in advance of trial”. The pilot, which will start by the end of the year, will last six months and will take place at the Crown courts at Liverpool, Leeds and Kingston-on-Thames.
Section 28 aims to bring forward cross-examination to a time much closer to the date of the complaint. The average time between first appearance and Crown court trials where children need to give evidence is still eight months, longer than for other criminal cases, and children often wait for hours to give their evidence. Under s 28, the judge would direct how the examination takes place; under the statute the defendant must be able to see and hear the questioning and to communicate with his lawyers. Western Australia adopted the pre-recorded system in 2008; by 2012 there had only been two applications to call the child at the trial. During that time the Court of Appeal in this country has made it clear that it is more appropriate to point out important inconsistencies in the vulnerable witness’s account after he has given evidence, rather than to make comment during cross-examination.
Bar Chairman Maura McGowan QC said there is a “difficult balance” between ensuring a defendant receives a fair trial and protecting witnesses, particularly vulnerable ones and “in the overwhelming majority of cases, this balance is struck”. “[W]e support any attempts to reduce the stress of the experience for witnesses,” but “proper measures need to be put in place to ensure that all the information is available at the earliest possible instance to avoid recalling witnesses”.
The Government’s announcement came days after the Home Affairs Select Committee issued its report on child sexual exploitation and the response to localised grooming, prompted by the recent Rochdale and Oxford trials. Concluding that “the balance is skewed too strongly in favour of protecting the defendant’s rights as opposed to the very vulnerable witnesses in cases of child sexual exploitation” it called for the immediate implementation of s 28 by January 2014. The report was also concerned about “the failure of special measures to be implemented correctly”and recommended that if the issue recurs, each court should have a named individual with “responsibility for ensuring that special measures are being implemented appropriately”.
The Committee was also deeply concerned by some of the examples of language used in court that stereotype child sexual exploitation victims. (One counsel in the Oxford case reportedly asked: “Were these girls victims from the start or were they naughty girls doing grown up things they bitterly regret?”)
It calls for further training for the judiciary and queried the necessity for every defendant’s counsel to cross examine the complainants. “We invite the Bar Standards Board and Solicitors Regulation Authority to work with the Judicial College and the Ministry of Justice to develop and provide similar training for barristers and solicitor advocates.” For each region a team of specialist child sexual exploitation judges, prosecutors, police witness support and ushers should be identified and trained and a specialist court room established.
Section 28 aims to bring forward cross-examination to a time much closer to the date of the complaint. The average time between first appearance and Crown court trials where children need to give evidence is still eight months, longer than for other criminal cases, and children often wait for hours to give their evidence. Under s 28, the judge would direct how the examination takes place; under the statute the defendant must be able to see and hear the questioning and to communicate with his lawyers. Western Australia adopted the pre-recorded system in 2008; by 2012 there had only been two applications to call the child at the trial. During that time the Court of Appeal in this country has made it clear that it is more appropriate to point out important inconsistencies in the vulnerable witness’s account after he has given evidence, rather than to make comment during cross-examination.
Bar Chairman Maura McGowan QC said there is a “difficult balance” between ensuring a defendant receives a fair trial and protecting witnesses, particularly vulnerable ones and “in the overwhelming majority of cases, this balance is struck”. “[W]e support any attempts to reduce the stress of the experience for witnesses,” but “proper measures need to be put in place to ensure that all the information is available at the earliest possible instance to avoid recalling witnesses”.
The Government’s announcement came days after the Home Affairs Select Committee issued its report on child sexual exploitation and the response to localised grooming, prompted by the recent Rochdale and Oxford trials. Concluding that “the balance is skewed too strongly in favour of protecting the defendant’s rights as opposed to the very vulnerable witnesses in cases of child sexual exploitation” it called for the immediate implementation of s 28 by January 2014. The report was also concerned about “the failure of special measures to be implemented correctly”and recommended that if the issue recurs, each court should have a named individual with “responsibility for ensuring that special measures are being implemented appropriately”.
The Committee was also deeply concerned by some of the examples of language used in court that stereotype child sexual exploitation victims. (One counsel in the Oxford case reportedly asked: “Were these girls victims from the start or were they naughty girls doing grown up things they bitterly regret?”)
It calls for further training for the judiciary and queried the necessity for every defendant’s counsel to cross examine the complainants. “We invite the Bar Standards Board and Solicitors Regulation Authority to work with the Judicial College and the Ministry of Justice to develop and provide similar training for barristers and solicitor advocates.” For each region a team of specialist child sexual exploitation judges, prosecutors, police witness support and ushers should be identified and trained and a specialist court room established.
Criminal
The Ministry of Justice announced on 11 June that there will be a pilot of s 28 of the Youth Justice and Criminal Evidence Act 1999 which allows for recorded, pre-trial cross examination of vulnerable and intimidated witnesses “in cases where there may be a delay in the holding of the trial or where the nature of the case is such that the witness could be cross-examined in advance of trial”. The pilot, which will start by the end of the year, will last six months and will take place at the Crown courts at Liverpool, Leeds and Kingston-on-Thames.
The age of criminal responsibility, extreme weather and conflict resolution – plus, new protocol for reporting bullying at the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
Solicitor General Ellie Reeves KC MP discusses her decade as a trade union and employment law barrister, the demands of life as a Law Officer and the number one priority shaping her work. Interview by Anthony Inglese CB
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
At least not that way, says Richard Paige