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Legal News

Pre-recording of vulnerable witness evidence to be allowed – 25 years on from its proposal

Picture of Lord Judge for Your Expert Witness storyThe most vulnerable victims are to be protected from the trauma of appearing in court, Justice Secretary Chris Grayling announced today.

On 11 June Justice Secretary Chris Grayling announced that, for the first time, young and vulnerable victims who have survived the most horrific crimes will be able to pre-record both their evidence and any cross-examination, rather than having to suffer the trauma of appearing in court.

The new system will be tested in three areas – Leeds, Liverpool and Kingston-upon-Thames – with the intention of rolling it out more widely if it proves a success.

Mr Grayling said: “The particularly hostile treatment of victims and witnesses in court has nothing to do with fairness or justice. It is simply not right that young and vulnerable victims are forced to relive the most traumatic experience they have ever had, often for days on end, when cross-examined in court.

“I am adamant we must put a stop to this, but without compromising everyone’s right to a fair trial. So, for the first time, we are going to spare these victims from the aggressive and intimidating court atmosphere by making sure they can give evidence and be cross-examined before the trial starts.”

The move was welcomed by the Lord Chief Justice, Lord Judge (pictured). His Lordship pointed out that the measure was recommended by a committee chaired by Judge Pigot in the 1980s.

In a statement announcing the measure, the Ministry of Justice said: “Although judges have the power to intervene to prevent overly aggressive cross-examination and character assassinations, there are growing instances of victims being left traumatised after court cases. There is no limit on the number of lawyers who can cross-examine a victim or witness, or on the amount of time they can be on the stand. Victims and witnesses can also be required to discuss graphic details of crimes such as sexual abuse.

“So, working closely with the judiciary, Her Majesty’s Courts and Tribunal Service, the Association of Chief Police Officers and the Crown Prosecution Service, the Ministry of Justice is commencing Section 28 of the Youth Justice and Criminal Evidence Act.

“This will allow all child, and the most vulnerable adult, victims and witnesses to escape being grilled in court, in front of an audience, by recording their cross-examination away from the highly-charged court environment. This would be included in a later trial.

“It will also give those traumatised by crime the opportunity for counselling far earlier, and without the impact of having to re-live their experience all over again, as well as improving the evidence available when there is a time lag between charges being brought and a court case taking place.”

At the same time, a consultation paper on new guidelines was issued by the CPS. They include a provision for child sex abuse cases to be dealt with only by specialist prosecutors and for “myths and preconceptions” to be challenged.

The DPP, Kier Starmer, said: “Vulnerability can no longer be a barrier to justice and I want to see prosecutors actively challenging any misconceptions a jury might have. The CPS has talented and experienced professionals who are ready and able to take on these extremely challenging cases.”