1 Lady Justice Hallett DBE and Dame Linda Dobbs DBE VULNERABLE WITNESSES A BALANCING ACT.

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Presentation transcript:

1 Lady Justice Hallett DBE and Dame Linda Dobbs DBE VULNERABLE WITNESSES A BALANCING ACT

2 PRINCIPLES FAIR TRIAL OF DEFENDANT FAIR TREATMENT OF VULNERABLE WITNESSES NO DELAY

3 Set timetable for service of papers, future hearings Identify trial Judge and trial representatives Check transcripts of ABEs and technology Consider special measures Consider nature of questioning of witness Consider seeing child witness beforehand with both counsel to introduce self and advocates and explain process. PRELIMINARY/GROUND RULES HEARINGS

4 SPECIAL MEASURES s 19 YJCE Act 1999 Screening the witness from the accused (YJCEA 1999, s. 23) Live link, accompanied by a supporter (s. 24) Evidence in private (sex offence/ human trafficking/where there is a fear that the witness may be intimidated (s. 25) Removal of wigs and gowns Video recording of evidence-in-chief (s. 27);

5 SPECIAL MEASURES s 19 YJCE Act 1999 (contd.) Video recording of cross-examination and re-examination (s. 28) (pilot schemes) Use of intermediary Provision of aids to communication for a young or incapacitated witness Blackstones D 14.3 Advocates Gateway Toolkits Criminal Practice Direction 2015 EWCA Crim D E F G

6 RESTRICTIONS Examination of vulnerable witnesses (Lubemba WLR 1579) No aggressive questions No tag questions No repetition Only appropriate questions No right to put case

RESTRICTIONS (contd.) Orders restricting reporting and public access to protect a fearful/ distressed adult witness’s identity to improve the quality of that witness’s testimony or cooperation (s.46 YJCEA) Complainant anonymity in sex offence cases (s.1 (1) Sexual Offences (Amendment) Act 1992/witness anonymity in interests of justice 7

RESTRICTIONS (contd.) Prohibition on cross-examination by accused in person of (i) child complainants or witnesses to sexual offences, offences of violence, cruelty, kidnapping, false imprisonment or abduction, and (ii) adult complainants in sexual offence cases (s YJCEA) 8

9 Empanel jury Opening Play ABE interview Witness not in attendance Witness refreshing memory and watching ABE interview but not at Court 1 st DAY OF TRIAL

10 AFTER WITNESS HAS GIVEN EVIDENCE ENSURE THERE IS NO POSSIBILITY OF WITNESS SEEING DEFENDANT