Cross-Examinations to be Pre-Recorded

Under new proposals which have recently been outlined, young and vulnerable victims and witnesses in criminal trials will be offered the opportunity to pre-record evidence; in a move which has been designed to protect them from the trauma of court and cross-examination.

Currently, children in courts receive special measures including giving evidence behind a screen or via a video-link; and these measures are also available for other victims and witnesses, at the courts discretion.

However, under the new proposals section 28 of the Young Justice and Criminal Evidence Act 1999 is set to be implemented, which will enable the cross-examination of children and vulnerable adults to be pre-recorded, preventing such witnesses and victims to have to go through the courts.

Although the new legislation allows for the cross-examination to be pre-recorded, the legislation does state that they could be re-called if issues come to light during the court case, which were not apparent during the pre-recording.

Announcing the proposals, the Justice Secretary, Chris Grayling, confirmed that the scheme will be piloted throughout Leeds, Kingston-upon-Thames and Liverpool; before being rolled out throughout the UK, if successful.