special measures application

[NOHOPE]

do you think this helps the liar look more of a victim if she is nicely tucked away behind a screen ?

also our solicitors says he has sent a response to this to reject it but has anyone heard of them not allowing this ( she is in her late 30s not a child)

i just think its an unfair start were the falsely accused is stood in a box and the liar behind a screen, if i was on a jury im sure my mind would automatically think victim for her and guilty for him or is this just me being paranoid before we even get to trial.

i am also a witness so will not get to see most of the trial but im scared of what they are going to ask me, my mouth runs away with me before i think normally.

[Faith]

Perhaps Rights Fighter will be able to shed some light on whether there have been many successful applications to prevent a screen but my gut feeling is telling me that it is very unlikely.

At the moment, the judge etc don't know whether or not she is a genuine victim...can you imagine a genuine victim being told that she wasn't allowed a screen because her rapist wanted her to face him in court. I really can;t see it happening without a very very good argument.
At the moment, I can't think what such an argument might be...

[Saffron]

Hi NoHope

Sorry, but it is incredibly unlikely that a judge will dismiss a request for screens. Our accuser was in her mid-20s (i.e. not a child!) and she gave evidence from behind a screen. She also refused to enter the court until the public gallery was cleared. Apparently she was worried that relatives of the defendant would be able to identify her in the future. (which is most odd, given that a quick google of her name throws up dozens of photos of her posing at various Z-list celeb parties!).

I completely agree that being allowed to give evidence from behind a screen gives her automatic "victim status" and therefore a great degree of credibility. However the judge should instruct the jury not to draw any conclusions of guilt from that. Screens are absolutely normal in any rape/sexual assault case.

I would suggest that you have a friend or relative in court following the whole procedure who can fill you in on what has happened so far. Waiting outside and not knowing what is going on is horrendous.

Hang in there.

[NOHOPE]

thanks for the replies, it is just so annoying that you are supposed to be innocent till proven guilty but as we all know not in these cases.

cant wait till its all over one way or another then we can sort our lives out with him inside or not guilty.
i might even be able to give some good advice on here also rather thwn just taking all the time.

[Saffron]

NoHope, please don't worry about taking advice! That is one of the main reasons we are here. You are supportive to other members; you don't hijack their threads and you always post in a reasoned, sensible manner. That is all we ask of members.
Stay strong. Courage and Strength.

[Faith]

i am also a witness so will not get to see most of the trial but im scared of what they are going to ask me, my mouth runs away with me before i think normally.

When it comes to giving your own evidence, take all the advice offered by your barrister. Calm, collected and confident...that is the key. Answer only the question put to you. Don't panic. The jury will be reading your reactions/body language almost more than what you actually say. if you show belief in what you are saying you will be fine. Do not be intimidated by the prosectuion barrister...remember that it is their job...it is nothing personal

I would definitely take Saffron's advice in having a close friend in the courtroom who can keep you up to date.

[Rights Fighter]

From the CPS site:

Eligibility for special measures
Vulnerable witnesses are defined by section 16 YJCEA as:

All child witnesses (under 18); and

Any witness whose quality of evidence is likely to be diminished because they:

are suffering from a mental disorder (as defined by the Mental Health Act 1983);

have a significant impairment of intelligence and social functioning; or

have a physical disability or are suffering from a physical disorder.

Intimidated witnesses are defined by section 17 YJCEA as those suffering from fear or distress in relation to testifying in the case. Complainants in sexual offences are defined by section 17(4) as automatically falling into this category unless they wish to opt out.

Witnesses to certain offences involving guns and knives are similarly defined as automatically falling into this category unless they wish to opt out.

Victims of domestic violence, racially motivated crime and repeat victimisation, the families of homicide victims, witnesses who self-neglect/self-harm or who are elderly and/or frail might also be regarded as intimidated.

Being eligible for special measures does not mean that the court will automatically grant them. The court has to satisfy itself that the special measure or combination of special measures is likely to maximise the quality of the witnesss evidence before granting an application.

While the legislation distinguishes between vulnerable and intimidated witnesses in respect of the criteria for their eligibility for special measures, it is important to remember that:

some witnesses may be vulnerable as well as intimidated;

other witnesses may be vulnerable but not subject to intimidation;

and others may not be vulnerable but may be subject to intimidation.

It is important not to attempt to categorise witnesses too rigidly.


RF: As has been said the judge must direct the jury that they are not to hold it against the defendant that the witness is behind a screen/video link and that this is normal procedure.

[NOHOPE]

so basically she will get a screen automatically.

oh well nothing i can do about that then, as regards to giving evidence i can only get advice off the soliocitor as the barrister will not speak to me with my hubby as he says he is not allowed as i am a witness, i cant tell you how frustrating this is.

dont know if he will be able to speak to me alone im not sure on that one.

thanks all for your replies as usual you all put my mind at ease and RF i dont know you at all but if you say black is white i would beleive you it is obviously your knowledge experience does come across.

[Faith]

Try not to get too worked up about the screen...the judge will make it clear to the jury that this is very normal.

There have been some naff juries in the past, but many are comprised of people who will take it very seriously and will weigh everything up carefully and fairly.

First impressions don't just count for the screen...they can count for appearances, behaviour on the stand...a number of things. So long as everyone on your side presents themselves well and behaves well on the stand then you're half way there.

Take Care

[Rights Fighter]

Counsel cannot talk to you in conference with hubby present (or he is not supposed to - some will) but he can talk to you out of conference in general terms. He should advise you as to how to give evidence.

From the way you write it seems you need some sort of role-play - not with him giving you answers to questions that might be asked as only you know those - but in relation to how to react if Crown try to upset you, timing, how to address your answers and who to, how to address the judge, etc.

[NOHOPE]

yes that sounds exactly what i need, i will ask my solicitor for some kind of role play as i am known for being goby and dont want to make things worse, all i can do is tell the truth but i know sometimes i come across as arrogant until you get to know me but the jury wont have time to get to know me so i must sort this out.

i will do some research on how to behave when cross examined and speak to my solicitor to help.

[Rights Fighter]

Roughly, where in the UK are you?

[NOHOPE]

north west manchester

[Rights Fighter]

Who is the barrister?

[NOHOPE]

Mr Philip Andrews from st johns buildings manchester
he seems good but until we getr the result we want i suppose they are all the same