How does the process of questioning work with video ?

[Stressed out mother]

So we are told that the FA will give her statement etc on a prerecorded video. How does this work and how can the defence lawyer get suitable questioning when she is not there? Frm what i am led to believe she is given questions which are then answered. How can a defence lawyer pick up on replies etc? Surely this all leads to everything in a court case leaning in favour of the FA?
I find it difficult to understand how anyone can get a fair trial when defence are unable to fully question an accuser.

[Peter1975]

It has been standard procedure for complainants police ABE video interviews to be played in court and the complainant is then examined and cross examined live either in the witness box behind (optional) screens so that only the judge, barristers and jury can see them or over a live video link from another part of the court.

I am reliably informed that although the pilot scheme for video links was deemed successful, it lead to a fall in the conviction rate as juries are less likely to be convinced by watching a TV than they are by an actual person giving evidence. It is thought that juries feel removed from a complainant whereas the defendant is there in person every day. Prosecutors prefer the complainants to appear in the courtroom.

There has been another successful pilot scheme to allow children and vulnerable witnesses to have the cross examination pre recorded which Liz Truss was so excited about she announced that the scheme was to be extended to all courts which gave us the misleading (totally wrong) headlines "Victims no longer to be cross examined". Truss was later slapped down by the lord chief justice who was forced to point out that the pilot scheme was running in three courts only, Kingston upon Thames, Liverpool and Leeds and the plans were to extend the scheme to adult complainants in only those courts from September 2017. In this case, the complainant will be examined and cross examined with just the barristers and judge present and this will then be played to the jury after the ABE.

No matter how the cross examination is carried out, it is no less robust or comprehensive than if it were live in court so if your FA is one of the early adopters of the new scheme and it is to be pre recorded do not despair. There are certain advantages to the defendant in that defence will have early warning of the complainant's evidence and the recording can be edited of anything irrelevant (such as them blurting out "he touched my sister too"!)

[Stressed out mother]

Thank you for the reply. We are either lucky or unlucky that sons case is being held at Liverpool crown court!!

[Peter1975]

Possible then that the examination will be pre recorded. It doesn't really matter if the accuser is examined live or not, they can't rehearse their answers and will be put on the spot either way.

Concentrate on getting yourselves ready, there is some advice on what happens in court, facing cross examination and court conduct in the useful information section.

http://www.daftmoo.org.uk/mooforum/f...ul-Information