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 delay of two years and four months since the interview had taken place.
BEST EVIDENCE CHILDREN CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DELAY EXCLUSION RAPE OF CHILD UNDER 13 SEXUAL ASSAULT OF CHILD UNDER 13
Where a case concerning allegations of rape and of aiding and abetting rape turned entirely on the credibility of the complainant as against the appellants, and evidence which went to that issue had been excluded, even though that had been done with the agreement of defence counsel, the convictions were quashed.
CREDIBILITY CRIMINAL EVIDENCE DEFENCE AGREEING TO EXCLUSION OF EVIDENCE DEFENCE WITNESSES EXCLUSION EXCLUSION OF EVIDENCE PERTINENT TO CREDIBILITY RAPE WITNESS STATEMENTS
A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.
ABUSE ADMISSIBILITY APPEALS CHILDREN COMPLAINTS CONVICTIONS CREDIT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DISCRETION EXCLUSION EXERCISE GUILT INCONSISTENT STATEMENTS INDECENCY WITH A CHILD INDECENT ASSAULT INNOCENCE INTERVIEW JURY LEAVE MISCONDUCT OTHERS PACE 1984 PARENTS PERMISSION PROCEDURAL IMPROPRIETY PROOF QUESTIONING RELEVANCE RIGHT TO QUESTION CHILD WITNESSES IN RELATION TO PRIOR COMPLAINTS OF ABUSE S.41 YOUTH AND CRIMINAL EVIDENCE ACT 1999 s.42(1)(c) S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 SEXUAL OFFENCES UNSAFE VIDEOS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
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