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Cross-examination of complainant prior to trial taking place!

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  • Cross-examination of complainant prior to trial taking place!

    The details are in the linked news report but it would seem that this could be new practice where the complainant is deemed 'vulnerable'.

    In theory this should be a welcome improvement to the justice system but my cynicism suggests that as it is a much easier option than actually standing in the witness box in the middle of a live courtroom there may well be a sudden increase in the numbers of 'vulnerable' complainants?


    Dereham man in sex attacks on vulnerable victim | Eastern Daily Press (edp24.co.uk)
    Last edited by Casehardened; 25 May 2021, 07:14 AM.
    'What doesn't kill you makes you stronger'

  • #2
    It's not all that new CH, pilot schemes have been running for around 7 years but there is a new push from the MOJ to roll out pre recorded cross examination across the country as a response to ever increasing delays between a crime or allegation being reported and reaching court. As usual, this is entirely focused on victims of crime and completely ignores the trauma an innocent defendant is put through. There is a fairly good summary of the risk to a defendant on this solicitors blog, essentially the problem of non disclosure prior to xx and the uncertain remedies available for when new information arises afterward :

    ​​​​​​https://www.corkerbinning.com/pre-re...cial-measures/

    On the other hand, many prosecutors will say that witnesses on video do not have the same impact on a jury as those giving evidence live in court, there is certainly an advantage to the defence in having the xx evidence months in advance of trial and extraneous material can be edited out, so while little thought to the defendant appears to have been given, it's not all bad by any means.
    For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
    https://freemanssolicitors.net/team_members/harvey-fox/


    To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


    For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

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