By Ashley Young-
Pre-recorded cross examination evidence for vulnerable witnesses in Wales, Manchester and East Anglia will be allowed from today, as the government promises to make the option available in all Crown courts by the end of the year.
More than 60 Crown courts in England and Wales are now allowing vulnerable individuals to pre-record evidence to avoid the stress of addressing a full courtroom, the Ministry of Justice has confirmed. Under the new legal scheme, cross-examinations can be video-recorded as close to the time of the offence as possible.
A pilot scheme was trialled in June 2019 for complainants in trials for sex offences at Kingston-upon-Thames, Liverpool and Leeds Crown Court, but this is the first time a scheme will be extended beyond sex offences to cover all cases for vulnerable people.
Vulnerable witnesses and victims under this category includes all child witnesses under 18, and any witness whose quality of evidence is likely to be diminished due to a mental disorder or physical disability. Witnesses whose intelligence and social functioning are significantly defective will also fall under this bracket.
The new arrangements will require defence and prosecution lawyers, the judge, and the defendant are present in court during the pre-recording. The scheme is good news to all those who will benefit from it.
Vulnerable witnesses and victims are defined as all child witnesses under 18 and any witness whose quality of evidence is likely to be diminished due to a mental disorder or physical disability, or their intelligence and social functioning is significantly impaired.
Justice minister Alex Chalk MP, said: ‘The court process can be extremely traumatic for vulnerable victims and is vital we minimise the stress on them where possible. This technology ensures they are protected and able to give their best possible evidence, without reducing a defendant’s right to a fair trial.’
The Ministry of Justice is additionally piloting a scheme which allows alleged victims of sexual and modern slavery offences to pre-record cross-examination evidence.
The new practise is already active in Leeds, Liverpool and Kingston upon Thames, allowing witnesses who feel intimidated in cases relating to sexual and modern-day slavery offences to record their cross-examination evidence before trials start. It is expected to be rolled out across the country in due course.