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
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 summing up.
CHILDREN CRIMINAL EVIDENCE CROSS-EXAMINATION FAMILIAL CHILD SEX OFFENCES JURY DIRECTIONS RAPE OF CHILD UNDER 13 SUMMING UP VULNERABLE AND INTIMIDATED WITNESSES
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.
CHILD SEX OFFENCES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION HUMAN RIGHTS PROCEDURE TO BE FOLLOWED BY JUDGE WHEN DETERMINING APPROPRIATENESS OF CROSS-EXAMINATION RIGHT TO FAIR TRIAL s.27(5) s.28 s.53 s.54 s.54(3) s.54(6) VIDEO EVIDENCE VULNERABLE AND INTIMIDATED WITNESSES YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.27
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