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Vulnerable victims to be given court video protection Vulnerable victims to be given court video protection
(about 9 hours later)
The youngest and most vulnerable victims of crime are to be protected from the trauma of appearing in court under new government proposals.The youngest and most vulnerable victims of crime are to be protected from the trauma of appearing in court under new government proposals.
The plans, being piloted for use in England and Wales, will mean victims can be questioned on video by defence barristers before cases are in court.The plans, being piloted for use in England and Wales, will mean victims can be questioned on video by defence barristers before cases are in court.
It comes amid concerns that some children have been treated with hostility in sexual abuse trials. It comes amid concerns that some child victims have been treated with hostility in sexual abuse trials.
Ministers said defendants' right to a fair trial would be preserved. The justice secretary said they would avoid the "cauldron of the courtroom".
But the right to a fair trial would be preserved under the plans, Chris Grayling insisted.
The Bar Council, which represents barristers in England and Wales, said it was supportive of any attempts to reduce the stress of the experience for witnesses.
'Graphic details'
Prosecutors and police chiefs are also publishing new guidelines on trials involving child sexual abuse.Prosecutors and police chiefs are also publishing new guidelines on trials involving child sexual abuse.
Children and vulnerable adults can already give evidence from behind a screen or by video-link. Both techniques are designed to make the court experience less stressful.Children and vulnerable adults can already give evidence from behind a screen or by video-link. Both techniques are designed to make the court experience less stressful.
Sometimes, the prosecution uses a recorded police interview with the victim to reduce the time the individual must spend in court repeating the same account.Sometimes, the prosecution uses a recorded police interview with the victim to reduce the time the individual must spend in court repeating the same account.
When witnesses do appear, judges can stop overly-aggressive cross-examination, but there are no limits on the duration of questioning - or the number of lawyers who can question a witness or victim.When witnesses do appear, judges can stop overly-aggressive cross-examination, but there are no limits on the duration of questioning - or the number of lawyers who can question a witness or victim.
In sexual abuse cases, victims and witnesses can be cross-examined on the precise and graphic details of what happened as a defence lawyer explores whether an account is genuine.In sexual abuse cases, victims and witnesses can be cross-examined on the precise and graphic details of what happened as a defence lawyer explores whether an account is genuine.
And in one recent case, according to the government, a girl was in the witness box for three weeks as she was questioned by seven defence barristers.And in one recent case, according to the government, a girl was in the witness box for three weeks as she was questioned by seven defence barristers.
However, ministers say they will now implement section 28 of the Youth Justice and Criminal Evidence Act 1999 which allows the cross-examination of children and vulnerable victims to be recorded before trial so that they do not have to take part in the live process.However, ministers say they will now implement section 28 of the Youth Justice and Criminal Evidence Act 1999 which allows the cross-examination of children and vulnerable victims to be recorded before trial so that they do not have to take part in the live process.
The legislation stresses that a victim or witness may be recalled for further cross-examination if lawyers need to question them about points that were not apparent at the time of the recording.The legislation stresses that a victim or witness may be recalled for further cross-examination if lawyers need to question them about points that were not apparent at the time of the recording.
Separate rooms 'Pressurised environment'
The Ministry of Justice said that it would pilot the changes over six months in courts in Leeds, Liverpool and Kingston-upon-Thames. The Ministry of Justice said it would pilot the changes over six months in courts in Leeds, Liverpool and Kingston-upon-Thames.
Justice Secretary Chris Grayling said: "The particularly hostile treatment of victims and witnesses in court has nothing to do with fairness or justice. Mr Grayling said the changes were designed to allow victims to give evidence in "as easy and unchallenging a way as possible".
"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. "The aim is to really take the victim out of the cauldron of the courtroom... out of the pressurised environment of the trial as it happens live, to enable them to give evidence in a quieter, more measured environment," he told BBC Radio 4's Today programme.
"We must put a stop to this, but without compromising everyone's right to a fair trial." He said he hoped it would give victims "greater confidence to talk about what has happened to them".
Mr Grayling said the system could be changed "without compromising everyone's right to a fair trial".
Maura McGowan QC, chairwoman of the Bar Council, said that in the vast majority of cases a balance was struck between protecting victims and ensuring a fair trial for defendants.
Barristers are trained to ensure cross-examination is never gratuitous, she added.
"That said, we support any attempts to reduce the stress of the experience for witnesses, however, it is often the case that the full information is not always available until a later date in the proceeding," she said.
Later on Tuesday, the director of public prosecutions and the College of Policing will publish proposed new guidelines for prosecutions involving child sexual abuse.Later on Tuesday, the director of public prosecutions and the College of Policing will publish proposed new guidelines for prosecutions involving child sexual abuse.
On Monday, the influential Commons Home Affairs Committee issued a report on child sexual exploitation. It said recent cases had revealed there was insufficient protection for vulnerable witnesses - and that the 1999 video recording proposal should be implemented as Parliament intended.On Monday, the influential Commons Home Affairs Committee issued a report on child sexual exploitation. It said recent cases had revealed there was insufficient protection for vulnerable witnesses - and that the 1999 video recording proposal should be implemented as Parliament intended.