A judge had erred in imposing a wasted costs order on a defence barrister after discharging the jury following the barrister’s closing speech. In front of the jury, the barrister had inappropriately criticised the procedure by which questions for young and vulnerable witnesses were formulated in advance, and had also strayed beyond the bounds of […]
There was no general principle that delay, in a criminal trial involving young children, meant that the evidence of that child should always be excluded at a subsequent trial; each case was fact specific. In the instant case, a judge had been entitled to admit a child’s Achieving Best Evidence interview at trial despite the […]
The court considered issues relating to the impact of the Youth Justice and Criminal Evidence Act 1999 s.28 and the pre-recorded cross-examination of vulnerable child witnesses, and provided guidance regarding best practice for trial judges and advocates.
It was best practice for a judge to direct a jury before the cross-examination of a vulnerable witness that limitations had been placed on the defence counsel and to explain after the cross-examination the type of issues which the defendant would have wished to explore in further detail. Such directions should be repeated in the […]
A judge had erred in refusing to allow cross-examination of a rape complainant regarding her previous convictions, as the evidence was of substantial probative value in respect of the question of whether her allegation was worthy of belief. However, the evidence would have had no significant impact on the jury’s consideration of the specific issues […]
A trial for three specimen offences of sexual activity with a child had been fair, even though the complainant’s cross-examination was cut short due to her extreme distress. The defendant’s principal defence had been put to her, and there was other evidence upon which the jury could rely. The resulting sentence of nine years’ imprisonment […]
The court gave guidance on the procedure to be followed by the judge when deciding whether the cross-examination of a vulnerable witness was appropriate.
A conviction for rape was not unsafe on the basis that the judge should have permitted cross-examination of the victim about the falsity of previous allegations of sexual abuse by other men. The fact that the victim had made but not pursued those allegations did not provide a proper evidential basis for showing the falsity […]
There was no basis on which to extend time to allow an offender to appeal against his convictions for rape, sexual assault, and causing or inciting a four-year-old child to engage in sexual activity. Although the normal trial process had had to be modified in a number of ways because of the victim’s age, the […]
Where a 12-year-old complainant had alleged sexual abuse by her uncle, the trial judge had been entitled to refuse to allow her to be cross-examined about her previous sexual experience. What, if any, sexual experienceshe might have had was not an appropriate area of investigation and was not of substantial probative value in relation to […]
