Recorded evidence could ease trauma

Young and vulnerable victims of horrific crimes are to be offered the chance to pre-record evidence for criminal trials in a bid to protect them from the trauma of appearing in court.

Justice Secretary Chris Grayling said the new approach will be tested in Leeds, Liverpool and Kingston-upon-Thames with the intention of rolling it out across the country if it is successful.

It would aim to avoid cases such as the death of violin teacher Frances Andrade, who killed herself after being cross examined at Manchester Crown Court.

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The 48-year-old took her life during the trial of choirmaster Michael Brewer, who was later convicted of child sex offences against Mrs Andrade when she was 14 and 15 years old.

Justice Secretary Chris Grayling said: “It is simply not right that young and vulnerable victims are forced to relive the most traumatic experience they have ever had, often for days on end, when cross-examined in court.

“I am adamant we must put a stop to this, but without compromising everyone’s right to a fair trial.”

Although judges have the power to intervene to prevent overly aggressive cross-examinations, there is no limit on the number of lawyers who can cross-examine a victim or witness, or on the amount of time they can be on the stand.

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Victims and witnesses can also be required to discuss graphic details of crimes such as sexual abuse.

Working with the Judiciary, Her Majesty’s Courts and Tribunal Service, the Association of Chief Police Officers and the Crown Prosecution Service, the Ministry of Justice is bringing Section 28 of the Youth Justice and Criminal Evidence Act into force.

It will allow all children and the most vulnerable adults to record their cross-examination away from the highly-charged court environment.

The Lord Chief Justice, Lord Judge, welcomed the announcement.

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