‘More than 11,000 criminal trials in England and Wales had to be abandoned last year because witnesses pulled out or did not appear at court, a watchdog has said.’
BBC News, 19th January 2016
Source: www.bbc.co.uk
‘After I was mugged, a suspect was arrested but the case was dropped because of ‘grave concerns’ about the credibility of my evidence. Can a new law protect thousands of women like me?’
The Guardian, 18th January 2016
Source: www.theguardian.com
‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.
The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.
Reforms are now proposed in relation to the investigation and trial process in this type of case.
The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’
Full story(Word)
6 Pump Court, 12th January 2016
Source: www.6pumpcourt.co.uk
‘Letters the Crown Prosecution Service sends to victims of crime often lack empathy and contain template paragraphs that sometimes fail to convey basic information, according to an official inspectorate report.’
The Guardian, 13th January 2016
Source: www.guardian.co.uk
‘A Manchester-based property developer cannot claim litigation privilege for secret recordings of meetings where witnesses were “deliberately deceived”, the High Court has ruled.’
Litigation Futures, 8th December 2015
Source: www.litigationfutures.com
‘A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”.’
Legal Futures, 30th November 2015
Source: www.legalfutures.co.uk
‘Victims of domestic violence and other vulnerable witnesses are being put at risk by the erratic handling of sensitive cases by police and prosecutors, inspectors have said.’
The Guardian, 12th November 2015
Source: www.guardian.co.uk
‘Data protection arrangements should be reviewed in the modern world of social media and cybercrime, a specialist solicitor has said, after it emerged the Crown Prosecution Service delivered unencrypted DVDs to a film studio for 12 years.’
Law Society’s Gazette, 9th November 2015
Source: www.lawgazette.co.uk
‘High-profile rape cases like that involving a violinist who took her own life after giving evidence against her abuser have prompted major changes in the way victims are treated in court.’
BBC News, 7th October 2015
Source: www.bbc.co.uk
‘A former British Airways flight attendant is suing G4S for more than £100,000 after witnessing the death of Jimmy Mubenga, a deportee who suffocated while being restrained by security guards employed by the firm.’
The Guardian, 30th September 2015
Source: www.guardian.co.uk
‘A solicitor who forged his client’s signature on a witness statement has been struck off, even though the client himself expressed surprise that disciplinary action had been taken.’
Legal Futures, 24th September 2015
Source: www.legalfutures.co.uk
‘A man convicted of raping a 13-year-old girl has been jailed for seven years, in a case in which the retired high court judge Elizabeth Butler-Sloss told the jury she was astonished at the allegations against the man.’
The Guardian, 14th September 2015
Source: www.guardian.co.uk
‘The Director of Public Prosecutions (DPP), Alison Saunders, is boosting the support offered to victims and witnesses at Crown Court proceedings by ensuring that the vital service offered by our dedicated CPS paralegal staff is provided exactly where it is needed – at court where the victims and witnesses are.’
Crown Prosecution Service, 11th September 2015
Source: www.cps.gov.uk
‘More victims and witnesses will be helped to give evidence from behind courtroom screens, as a result of research that suggests nearly half of all victims who are put through the criminal justice system have reservations afterwards about giving evidence at a future trial.’
The Guardian, 11th September 2015
Source: www.guardian.co.uk
‘Magistrates have warned the criminal justice system is “on the cusp” of breaking down amid growing delays, court closures and funding cuts.’
BBC News, 7th September 2015
Source: www.bbc.co.uk
‘A prominent retired high court judge, who specialised in family matters, has been criticised for giving evidence for the defence in the case of a man accused of raping a girl – though she knew he had a previous conviction for violence.’
The Guardian, 24th August 2015
Source: www.guardian.co.uk
The UK has a witness protection scheme but little has been revealed about it to date. Newsnight’s James Clayton has been given an exclusive insight into the programme and the people who’ve been through it.
BBC News, 12th August 2015
Source: www.bbc.co.uk
‘People who have witnessed a crime are significantly less likely to trust the justice system than the rest of the public, according to new research published by the Government.’
The Independent, 5th August 2015
Source: www.independent.co.uk
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
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