BSQ Update - Pre-Recorded Cross-Examination Rolled Out Across Country - Section 28 of the Youth Justice and Criminal Evidence Act 1999 Implemented Nationally
The Ministry of Justice has announced that every Crown Court in England and Wales has now been provided with the equipment required to complete the rollout of their pre-recorded video cross-examination program. This programme has been in effect since a pilot began in August 2020.
Pursuant to Section 28 of the Youth Justice and Criminal Evidence act 1999, complainants in sexual assault cases can now apply to have their cross-examination video recorded in advance of any trial. This means that they will not have to give evidence live before a jury.
These measures have been introduced because many complainant ‘s found the experience of giving evidence in open court traumatic.
BSQ have considered the law applying to Section 28 of the Youth Justice and Criminal Evidence Act 1999 in more detail in one of our Client briefings. It is important to note that these provisions do not apply automatically. Any application must be made to the court for permission to adopt what are labelled “special measures” in any trial. Each application must be considered on a case-by-case basis. In several cases, BSQ had applied to challenge applications on behalf of our clients for these measures to be adopted.
For more information visit our sexual allegations solicitor's guide.
If you are accused of sexual misconduct and require legal representation, please contact our London offices on 020 3858 0851