Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border – Courts and Tribunals Judiciary

‘Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border.’

Full speech

Courts and Tribunals Judiciary, 21st March 2018

Source: www.judiciary.gov.uk

Helping child witnesses: ‘One girl gave evidence with a hamster on her lap’ – The Guardian

‘They might be victims of rape, or witnesses to murder. But can they really be relied upon to tell the truth at trial?’

Full Story

The Guardian, 17th February 2018

Source: www.theguardian.com

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

Full Story

Counsel, February 2018

Source: www.counselmagazine.co.uk

UK rape complainants ‘face unfair questions about sexual history’ – The Guardian

Posted January 29th, 2018 in criminal procedure, cross-examination, evidence, news, rape by sally

‘Complainants in rape cases are being subjected to invasive and unfair questioning about their sexual history, according to a cross-party campaign supporting tighter restrictions on cross-examination in trials.’

Full Story

The Guardian, 29th January 2018

Source: www.theguardian.com

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’

Full Story

The Guardian, 14th December 2017

Source: www.theguardian.com

Crown Prosecution Service – Family Law

‘In D (Appeal: Failure of Case Management) [2017] EWHC 1907 (Fam) the Court of Appeal recently considered the mother’s application for an appeal which raised issues about judicial case management and in particular the court’s approach to the cross examination of an alleged victim by an alleged abuser.’

Full Story

Family Law, 7th September 2017

Source: www.familylaw.co.uk

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

Full Story

OUT-LAW.com, 18th August 2017

Source: www.out-law.com

Cross examination of abused wife a ‘stain’ on justice system – judge – Law Society’s Gazette

‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’

Full Story

Law Society's Gazette, 31st May 2017

Source: www.lawgazette.co.uk

Top QC implied sex assault victim ‘bore responsibility’ – Law Society’s Gazette

‘A senior silk has been reprimanded after a disciplinary tribunal found that he implied that a woman who was sexually assaulted by her stepfather bore responsibility for the attack.’

Full story

Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

Rape victims to be spared ordeal of cross-examination in court – The Guardian

Posted March 20th, 2017 in cross-examination, news, rape, sexual offences, trials, victims, video recordings by tracey

‘New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.’

Full story

The Guardian, 19th March 2017

Source: www.guardian.co.uk

Greater protection for rape victims and children at risk of grooming – Ministry of Justice

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

A united approach – Counsel

Posted February 23rd, 2017 in barristers, children, cross-examination, news, witnesses, young persons by sally

‘HHJ Simon Drew QC and Lynda Gibbs explain why the pan-profession s 28 and ‘advocacy and the vulnerable’ training – being delivered to over 14,000 criminal advocates over the next two years – heralds a sea change.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Violent abusers to be prevented from cross-examining ex-partners in court – The Guardian

‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’

Full story

The Guardian, 12th February 2017

Source: www.guardian.co.uk

MP proposes UK rape shield law to protect victims in court – The Guardian

Posted February 8th, 2017 in bills, cross-examination, news, rape, victims by tracey

‘A private member’s bill to protect rape victims from being cross-examined in court about their sexual history is to be introduced to the House of Commons.’

Full story

The Guardian, 8th February 2017

Source: www.guardian.co.uk

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

Full story

The Guardian, 4th February 2017

Source: www.guardian.co.uk

Truss orders review to ban abusers tormenting victims in family courts – The Guardian

‘The Justice Secretary has set up an emergency review to find the quickest way to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system.’

Full story

The Guardian, 4th January 2017

Source: www.guardian.co.uk

Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

Bar Council launches vulnerable witness advocacy training – The Bar Council

‘Pro bono training launched for advocates dealing with vulnerable witnesses.’

Full press release

The Bar Council, 14th November 2016

Source: www.barcouncil.org.uk