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.
CASE MANAGEMENT CHILD SEX OFFENCES CHILDREN CREDIBILITY CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS RIGHT TO FAIR TRIAL SPECIAL MEASURES DIRECTIONS VIDEO RECORDINGS VULNERABLE AND INTIMIDATED WITNESSES
A jury’s findings on a trial of the facts that a defendant with severe learning difficulties who was unfit to plead had committed two offences of rape were safe, notwithstanding the fact that an extract of the defendant’s police interview had been wrongly admitted as evidence.
ADMISSIBILITY CASE MANAGEMENT CRIMINAL EVIDENCE CRIMINAL PROCEDURE CRIMINAL PROCEDURE RULES 2013 DEFENDANT WITH SEVERE LEARNING DIFFICULTIES AND UNFIT TO PLEAD EXTRACT OF POLICE INTERVIEW WRONGLY ADMITTED AS EVIDENCE ON TRIAL OF FACTS FINDINGS OF FACT FITNESS TO PLEAD LEARNING DISABLED PERSONS LUCAS DIRECTIONS MENTAL HEALTH MENTALLY DISORDERED OFFENDERS POLICE INTERVIEWS RAPE RAPE ALLEGATIONS SAFETY OF JURY’S FINDINGS SEXUAL OFFENCES AGAINST MENTALLY DISORDERED PERSONS
The judge had been wrong to admit documents, prepared by police officers, giving details of methods used in the commission of offences of which the appellant had been previously convicted, but the appellant’s convictions for the instant offences were nevertheless safe. It was important that the formal procedures referred to in R. v Hanson (Nicky) (2005) EWCA Crim 824 , (2005) 1 W.L.R. 3169 were followed.
ADMISSIBILITY ADMISSIBILITY OF INFORMATION ABOUT OFFENCES RETRIEVED FROM POLICE COMPUTER SYSTEM AGREEMENTS AS TO RELEVANT CIRCUMSTANCES OF PREVIOUS CONVICTIONS CASE MANAGEMENT COMPLAINANTS CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.117 CRIMINAL LAW METHODS USED POLICE AND CRIMINAL EVIDENCE ACT 1984 POLICE AND CRIMINAL EVIDENCE ACT 1984 s.73 PREVIOUS CONVICTIONS PROPENSITY RELEVANT SEXUAL OFFENCES REQUIREMENT FOR STATEMENT BY PREVIOUS COMPLAINANT OF SEXUAL OFFENCE s.101 s.101(1)(d) s.101(d) s.103 s.103(1) s.103(1)(a) s.114(1) s.116(2) S.116(2) CRIMINAL JUSTICE ACT 2003 S.117 CRIMINAL JUSTICE ACT 2003 s.117(1) s.117(1)(a) s.2(b) SEXUAL ASSAULTS SEXUAL OFFENCES VICTIMS WITNESS STATEMENTS
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