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

New guidelines issued on questioning of vulnerable witnesses in court – The Guardian

Posted November 14th, 2016 in children, cross-examination, learning difficulties, news, witnesses by tracey

‘Guidelines say children and people with learning difficulties should not be subject to unnecessarily harsh questioning.’

Full story

The Guardian, 14th November 2016

Source: www.guardian.co.uk

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

‘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

‘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

‘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

‘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

‘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

‘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

‘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

‘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

‘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