Briefing paper: Is pre-recorded cross-examination (YJCEA 1999, s. 28) achieving best evidence in sex offence cases?

Record

This paper summarises doctoral research investigating pre-recorded cross-examination and related measures in sex offence cases. Related measures are defined here as ground rules hearings (GRHs), written questions on cross-examination, and best practice on cross-examining vulnerable witnesses.

The research focused on the piloting of the s. 28 procedure for adult complainants who are “intimidated witnesses” for the purposes of the YJCEA 1999, s. 17(4). Methods included court observation and interviews with barristers during the first six months of the s. 28 pilot for intimidated complainants. The study provides a detailed snapshot of how the s. 28 pilot scheme was working at that time at a s. 28 Pilot Crown Court.

The study concludes that clearer law and guidance is needed to realise the potential of s. 28 and related measures in sex offence cases. Better investment in the design of recordings and playback is also called for to improve the presentation of pre-recorded evidence at oral trial.

Authors: Kyneswood, NK

• Publication status: Published
• Publisher: Faculty of Law, University of Oxford
• Pages: 1-4
• Publication date: 2023-07-01
• Language: English