WEB In section 28 pre-recorded cross-examination cases Fixing a date for a ground
A witness aged 19 with learning disability struggled with communication on a morning due to
Section 28 of the Youth Justice and Criminal Evidence Act 1999 allows for vulnerable or intimidated witnesses to
Those practitioners who are involved in cases with vulnerable witnesses will be familiar with the use of S28 and the helpful guidance issued by The Attorney General’s Office in 2019. It is important that all parties work together to ensure vulnerable witnesses are supported through the process in the best way possible.
In a recent case, there was a discussion about whether a witness should give evidence in person or via live link. There had been an application for the witness to give evidence via live link, but this had been refused and the judge had indicated that the witness should give evidence in person. The lawyers acting for the defence and the witness’s intermediary both agreed with this decision and a date was fixed for the cross-examination.
On the day of the trial, the witness was considered unfit to give evidence due to communication difficulties. The judge agreed with this view and a new date was fixed for the cross-examination. The witness again was considered unfit to give evidence due to communication difficulties and a further date was fixed. The final date was vacated and a further hearing was fixed with a view of exploring the possibility of a pre-recorded cross examination under section 28 of the Youth Justice and Criminal Evidence Act 1999.
Comments