‘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.’
Halsbury’s Law Exchange, 18th March 2015
Source: www.halsburyslawexchange.co.uk
‘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.’
BBC News, 24th February 2015
Source: www.bbc.co.uk
‘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.’
The Guardian, 19th February 2015
Source: www.guardian.co.uk
‘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 The aim of this consultation is to ask for responses to the draft guidance which sets out the role played by prosecutors at or before court in ensuring that witnesses give their best evidence.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.’
Attorney General’s Office, 19th January 2015
Source: www.gov.uk/ago
‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’
Family Law Week, 28th January 2015
Source: www.familylawweek.co.uk
‘The first two reported cases of the year in the Family Court are both concerned with the difficulties litigants – not to mention practitioners, and the courts – are now faced with when trying to navigate the legal aid system. The first – about which we posted here – concerned an unrepresented father who couldn’t get legal aid despite needing to cross-examine a child who had accused him of abuse, leading to the court to order that he be funded outside the legal aid scheme.’
Full story
Legal Aid Handbook, 11th January 2015
Source: www.legalaidhandbook.com
‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’
UK Human Rights Blog, 5th January 2015
Source: www.ukhumanrightsblog.com
‘The High Court has ordered the government to pay for a litigant in person to be represented at a hearing despite his lack of eligibility for legal aid.’
Full story
Law Society’s Gazette, 5th January 2015
Source: www.lawgazette.co.uk
Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472
‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
Regina v P (J); Regina v Lubemba: [2014] WLR (D) 472
‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
‘The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.’
Litigation Futures, 10th November 2014
Source: www.litigationfutures.com
‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’
The Independent, 3rd October 2014
Source: www.independent.co.uk
‘Growing numbers of domestic violence victims are being quizzed by their former partners in court due to cuts in legal aid which have led to a rise in litigation-in-person cases, family law specialists are warning.’
The Independent, 5th October 2014
Source: www.independent.co.uk
‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’
Halsbury’s Law Exchange, 6th August 2014
Source: www.halsburyslawexchange.co.uk
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