This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-22849632

The article has changed 6 times. There is an RSS feed of changes available.

Version 3 Version 4
Child victims to be given court video protection Child victims to be given court video protection
(35 minutes later)
Child victims of crime and vulnerable adults are to be protected from the potential trauma of appearing in court, as part of a government pilot. Child victims of crime and vulnerable adults are to be protected from appearing in court, as part of a government pilot.
The plans, being piloted for use in England and Wales, will mean witnesses can be questioned on video by defence barristers before cases are in court. The plans for England and Wales, first proposed almost 25 years ago, will mean witnesses can be questioned on video before trials begin.
It comes amid concerns that some child witnesses have been treated with hostility in sexual abuse trials.It comes amid concerns that some child witnesses have been treated with hostility in sexual abuse trials.
The justice secretary said they would avoid the "cauldron of the courtroom".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.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.
The move would aim to avoid cases such as the death of violin teacher Frances Andrade, who killed herself after being cross-examined at Manchester Crown Court.
The 48-year-old took her life during the trial of choirmaster Michael Brewer, who was later convicted of child sex offences against Mrs Andrade when she was 14 and 15 years old.
'Graphic details''Graphic details'
Prosecutors and police chiefs are also publishing new guidelines on trials involving child sexual abuse. Prosecutors and police chiefs have also published new guidelines on how to prepare cases involving child sexual abuse - saying that the focus must be on the credibility of the allegations, not questions over the victim's perceived weaknesses as a witness.
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 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 who took her through precise details of what had happened to her.
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. 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 the most vulnerable adult 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 the most vulnerable adult 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.
'Pressurised environment''Pressurised environment'
The Ministry of Justice said it would pilot the changes over six months in courts in Leeds, Liverpool and Kingston-upon-Thames. Mr Grayling said the changes were designed to allow victims to give evidence in "as easy and unchallenging a way as possible" and would be piloted in Leeds, Liverpool and Kingston-upon-Thames.
Mr Grayling said the changes were designed to allow victims to give evidence in "as easy and unchallenging a way as possible".
"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."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.
He said he hoped it would give victims "greater confidence to talk about what has happened to them". Welcoming the implementation of section 28, the Lord Chief Justice, Lord Judge, said: "This was first suggested by the committee chaired by Judge Pigot QC in 1989 and the judiciary has long supported its implementation.
Mr Grayling earlier said the system could be changed "without compromising everyone's right to a fair trial". "I spoke in support of this most recently in March. I am delighted that a pilot scheme will now be run and look forward to full implementation across the country in due course."
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. Maura McGowan QC, chairwoman of the Bar Council, said that barristers were trained to ensure cross-examination was never gratuitous while ensuring that they carried out their duties to test the evidence to ensure a defendant receives a fair trial.
Barristers are trained to ensure cross-examination is never gratuitous, she added. She added: "That said, we support any attempts to reduce the stress of the experience for witnesses."
"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. 'Heartbreaking'
Sarah Kelly, who was abused by her father from a young age until she told her mother when she was 17, said she had found her experience of court traumatic.
"I've only spoken about it twice and that was giving the [police] statement and during the court process. To have the courage to do that in front of a room full of people and to be told that I was lying... It was heartbreaking," said Ms Kelly, who has waived her right to anonymity.
Alan Wardle, from the NSPCC, welcomed the change.Alan Wardle, from the NSPCC, welcomed the change.
"The pressure of court for some children - and when you remember they are reliving some pretty horrific experiences - can be very difficult, particularly when it is compounded by aggressive questioning by defence barristers."The pressure of court for some children - and when you remember they are reliving some pretty horrific experiences - can be very difficult, particularly when it is compounded by aggressive questioning by defence barristers.
"We know that some cases don't even get to court because they worry about how children will be able to cope. So this is a very good step forward today.""We know that some cases don't even get to court because they worry about how children will be able to cope. So this is a very good step forward today."
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.