Category: cross-examination

Strasbourg again favouring safety of conviction over cross-examination of witnesses? – UK Human Rights Blog

Posted October 3rd, 2016 in cross-examination, drug trafficking, human rights, news, witnesses by sally

‘In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to the conviction of an individual for drug trafficking charges were entirely compliant with Article 6, ECHR. Despite the inability to cross-examine a key prosecution witness, the Court considered that in light of the existence of supporting incriminating evidence (amongst other factors) the proceedings as a whole were fair.’

Full story

UK Human Rights Blog, 30th September 2016

Source: www.ukhumanrightsblog.com

Courts reform gives stronger protection for victims and witnesses – Ministry of Justice

Posted September 16th, 2016 in consultations, cross-examination, judgments, judiciary, pilot schemes, press releases, reports, trials, victims, video recordings, witnesses by tracey

‘Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.’

Full press release

Ministry of Justice, 15th September 2016

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

MPs call for end to abusive men using courts against families – The Guardian

Posted September 16th, 2016 in courts, cross-examination, domestic violence, family courts, harassment, litigants in person, news by tracey

‘The government must carry out a full review of family courts to stop them being used by violent men to perpetuate abuse against their partners and children, MPs have said.’

Full story

The Guardian, 15th September 2016

Source: www.guardian.co.uk

Vulnerable witnesses to be spared court – BBC News

Posted September 15th, 2016 in children, cross-examination, news, pilot schemes, trials, video recordings, witnesses by tracey

‘Vulnerable victims and witnesses will be able to give their evidence before a trial starts, as part of planned court reforms in England and Wales.’

Full story

BBC News, 15th September 2016

Source: www.bbc.co.uk

They think they’ve got away: How to catch a historical sex offender – BBC News

Posted June 20th, 2016 in advocacy, care homes, child abuse, children, complaints, criminal justice, cross-examination, Crown Prosecution Service, elderly, evidence, media, news, police, school children, sexual offences, social services, statistics, teachers, victims, witnesses by tracey

‘Sex offenders think they’ll get away with it. And often they do. Sometimes it can take years to bring them to justice, while others escape retribution altogether. So how do you go about making sure perpetrators of horrendous crimes committed in the distant past are caught and convicted?’

Full story

BBC News, 20th June 2016

Source: www.bbc.co.uk

Examination of child witnesses not in violation of Article 6 – UK Human Rights Blog

Posted February 5th, 2016 in children, cross-examination, human rights, news, witnesses by tracey

‘Mark William Patrick MacLennan v Her Majesty’s Advocate, [2015] HCJAC 128. The High Court has refused an appeal under Article 6 on the lack of effective cross-examination of child witness, but has provided interesting commentary on how such investigations could be better handled in future to meet Strasbourg standards.’

Full story

UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

Abuse survivors ‘re-victimised’ through family court process – Law Society’s Gazette

Posted January 20th, 2016 in causing death of children or vulnerable adults, children, cross-examination, domestic violence, family courts, homicide, legal aid, litigants in person, news, victims by sally

‘Victims of domestic abuse should not endure the trauma of being cross-examined by their abusers in court, a national charity has recommended in a study on child deaths.’

Full story

Law Society’s Gazette, 20th January 2016

Source: www.lawgazette.co.uk

Hunting convictions thrown into doubt after court case collapses – Daily Telegraph

Posted December 7th, 2015 in animal cruelty, bias, Criminal Cases Review Commission, cross-examination, disclosure, expert witnesses, hunting, miscarriage of justice, news, prosecutions by sally

‘The neutrality of Professor Stephen Harris, one of the UK’s leading authorities on foxes, has been called into question.’

Full story

Daily Telegraph, 4th December 2015

Source: www.telegraph.co.uk

Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

Posted July 10th, 2015 in appeals, cross-examination, fees, fraud, news, proportionality, solicitors, striking out, witnesses by tracey

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

Full story

Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

Fair family hearings – according to the Court of Appeal – UK Human Rights Blog

Posted June 2nd, 2015 in appeals, cross-examination, human rights, legal aid, news by sally

‘Lord Dyson for the Court of Appeal has recently reversed the decision of HHJ Bellamy (see my post here) who had ordered legal aid to help an unrepresented father in family proceedings. The conundrum was that the father wanted contact with his children aged 5 and 4, but a 17-year old step-daughter, Y, told her teacher that the father sexually abused her – which the father denied.’

Full story

UK Human Rights Blog, 31st May 2015

Source: www.ukhumanrightsblog.com

Alleged sex abuser’s legal claim challenged in court – Daily Telegraph

Posted April 30th, 2015 in children, cross-examination, legal aid, litigants in person, news, sexual offences by sally

‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’

Full story

Daily Telegraph, 29th April 2015

Source: www.telegraph.co.uk

Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales

Posted March 20th, 2015 in appeals, barristers, children, codes of practice, consultations, cross-examination, evidence, family courts, judiciary, legal education, reports, Supreme Court, witnesses by tracey

‘Final Report of the Vulnerable Witnesses and Children Working Group.’

Full texts

Judiciary of England and Wales, 17th March 2015

Source: www.judiciary.gov.uk

Advising witnesses on the defence case: what are the issues? – Halsbury’s Law Exchange

Posted March 19th, 2015 in consultations, cross-examination, evidence, news, witnesses by sally

‘The CPS have recently been running a consultation entitled “Speaking to Witnesses at Court”. The consultation period ended on Monday 16th March, and we await their response.’

Full story

Halsbury’s Law Exchange, 18th March 2015

Source: www.halsburyslawexchange.co.uk

‘Victims’ law’ proposals from Labour panel – BBC News

Posted February 24th, 2015 in child abuse, children, cross-examination, legislation, news, political parties, reports, victims, witnesses by sally

‘There needs to be a “cultural shift” in the way victims of crime in England and Wales are treated, a panel of criminal justice experts has said.’

Full story

BBC News, 24th February 2015

Source: www.bbc.co.uk

Legal aid cuts exposing domestic abuse victims to court ordeal, says report – The Guardian

Posted February 19th, 2015 in cross-examination, domestic violence, legal aid, litigants in person, news, reports, victims by sally

‘Victims of domestic abuse increasingly face being cross-examined by their attackers because legal aid cuts make it difficult to qualify for courtroom representation, according to research by Citizens Advice.’

Full story

The Guardian, 19th February 2015

Source: www.guardian.co.uk

Court guidelines for rape victims ‘are not working’, as study finds aggressive cross-examination and intimidating encounters are still common – The Independent

Posted February 9th, 2015 in codes of practice, consent, courts, cross-examination, evidence, news, rape, sexual offences, victims, witnesses by sally

‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’

Full story

The Independent, 8th February 2015

Source: www.independent.co.uk

Speaking to witnesses at court: consultation – Attorney General’s Office

Posted February 3rd, 2015 in consultations, cross-examination, Crown Prosecution Service, victims, witnesses by tracey

‘We are committed to giving an excellent service to all victims and witnesses who attend court as part of our overall commitment to support victims and witnesses effectively throughout their time in the criminal justice system. The aim of this consultation is to ask for responses to the draft guidance which sets out the role played by prosecutors at or before court in ensuring that witnesses give their best evidence. This is a core part of the prosecutor’s job and will, if done properly, impact positively on both the quality of the witness’s evidence in court and the perception of the service they receive from us.’

Full consultation

Attorney General’s Office, 19th January 2015

Source: www.gov.uk/ago

Children: Private Law Update (January 2015) – Family Law Week

Posted February 3rd, 2015 in blood products, children, cross-examination, evidence, legal representation, medical treatment, news, residence orders by tracey

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’

Full story

Family Law Week, 28th January 2015

Source: www.familylawweek.co.uk

DPP to consult on greater assistance to victims giving evidence at court – Crown Prosecution Service

Posted January 19th, 2015 in assault, barristers, codes of practice, consultations, cross-examination, Crown Prosecution Service, harassment, rape, sexual offences, victims, witnesses by tracey

‘Alison Saunders, the Director of Public Prosecutions, has today [19 January 2015] published a major consultation on the approach to ensuring victims are properly assisted for the trial process at court and called for an overhaul of the service provided to witnesses to ensure that they are able to give the best possible evidence. The proposals are subject to an eight week public consultation.’

Full consultation

Crown Prosecution Service, 19th January 2015

Source: www.cps.gov.uk

Rape victims will be warned of defence lawyer tactics under new guidelines – Daily Telegraph

Posted January 19th, 2015 in assault, barristers, codes of practice, consultations, coroners, cross-examination, Crown Prosecution Service, harassment, news, rape, sexual offences, victims, witnesses by tracey

‘Director of Public Prosecutions launches controversial new guidelines intended to help victims and witnesses through giving evidence in court.’

Full story

Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk