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Lewes Crown Court Today Joins "Recorded Evidence" Scheme For Vulnerable Witnesses

Lewes Crown Court (Photo: Wayfarer / Creative Commons)

Vulnerable witnesses appearing at Lewes Crown Court from today (24 August) have the option of pre-recording their evidence, to spare them the trauma of attending the courtroom when it is full, during a case.

The Ministry of Justice said the technology is being rolled-out into several courtrooms, including Lewes, to help witnesses give their best evidence, without the stress of facing others in the formal legal setting.

The recording process allows vulnerable witnesses and victims to have their cross-examination video-recorded earlier in the process and played during the trial.

The recording is carried out as close to the time of the offence as possible in order to help memory recall, and reduce the stress of giving evidence to a full courtroom at trial.

Today's move follows successful pilots in Liverpool, Leeds, and Kingston-upon-Thames, where victims felt less pressure than attending court.

In November last year, a Primark security guard from Kingston-upon-Thames was jailed after the four girls he sexually assaulted gave their evidence in a pre-recorded session prior to the trial taking place.

The victims were spared having to tell the story of their horrific abuse in front of the perpetrator, who showed no remorse for his actions.

Justice Minister, Alex Chalk MP, said:

"Vulnerable victims show great courage by coming forward, and it’s vital they can do so in the least traumatic way possible.

This technology ensures they are protected and are able to give their best possible evidence, without reducing a defendant’s right to a fair trial.

But this is just one part of our efforts to boost the support on offer for victims at every stage of the justice system, which includes consulting on a Victims’ Law."

Victims’ Commissioner, Dame Vera Baird, added:

"I have long been concerned that children who complained of victimisation should not spend a long part of their childhood beset with the worry of ultimately giving an account of what happened.

If they can give their evidence at an early stage, they will then be free to get on with their lives.

There is also a further point that therapy is often delayed whilst a complainant is a witness."

The decision to pre-record evidence is made by judges on a case-by-case basis.

The Ministry for Justice said vulnerable witnesses and victims are defined as all child witnesses under 18 and any witness who quality of evidence is likely to be diminished because they are suffering from a mental disorder or physical disability or has significant impairment of intelligence and social functioning.

Both the defence and prosecution lawyers will be present in court during the pre-recording as will the judge and the defendant.

Feedback from the courts already operating the system shows that victims felt less pressure and that witnesses were better able to recall events.

Ministers added that the new service to be available in every Crown Court by the end of the year.

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