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Attorney general resists call to protect witnesses from court cross-examination Attorney general resists call to protect witnesses from court cross-examination
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Calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers in order to avoid aggressive courtroom questioning have been resisted by the attorney general, Dominic Grieve QC. Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .
The proposal was made in an article for The Guardian by former director of public prosecutions Sir Keir Starmer QC, who questioned the impact on victims of the traditional adversarial legal system. The proposal was made in an article for the Guardian by Sir Keir Starmer QC, the former director of public prosecutions, who questioned the effect of the traditional adversarial legal system on victims of crime.
There has been mounting public concern over the treatment of witnesses in court since the violinist Frances Andrade killed herself more than a year ago after testifying that a former teacher indecently assaulted her. The courts service is already developing the use of pre-recorded interviews in an attempt to reduce the number of times witnesses need to be questioned. There has been mounting public concern over the treatment of witnesses in court since violinist Frances Andrade killed herself more than a year ago after testifying that a former teacher indecently assaulted her. The courts service is developing the use of pre-recorded interviews in an attempt to reduce the number of times witnesses need to be questioned.
In his article, Starmer, who is working on the Labour party's victims taskforce, said: "The idea that if the prosecution and defence attack each other as fiercely as possible the truth will somehow pop out has its attractions, but for particularly young and vulnerable witnesses there are obvious downsides.In his article, Starmer, who is working on the Labour party's victims taskforce, said: "The idea that if the prosecution and defence attack each other as fiercely as possible the truth will somehow pop out has its attractions, but for particularly young and vulnerable witnesses there are obvious downsides.
"Without casting around the world for the elusive perfect criminal justice system, the taskforce will consider the extent to which it might be possible to blend the adversarial and inquisitorial systems. Perhaps judges should be given the task of questioning young and vulnerable witnesses?""Without casting around the world for the elusive perfect criminal justice system, the taskforce will consider the extent to which it might be possible to blend the adversarial and inquisitorial systems. Perhaps judges should be given the task of questioning young and vulnerable witnesses?"
Responding to the suggestion, Grieve told BBC Radio's World At One he welcomed the debate but cautioned that a defendant's right to a fair trial could be harmed. Responding to the suggestion, Grieve told BBC Radio's World At One he welcomed the debate but said a defendant's right to a fair trial could be harmed.
He said: "It's not a question of not trusting judges. It's a question of the fair trial process entitling a person to have their case put through their advocate. There are things that can already be done in court with the judge discussing the case in court and ensuring there is no repetitive [questioning]. "It's not a question of not trusting judges. It's a question of the fair trial process entitling a person to have their case put through their advocate. There are things that can already be done in court with the judge discussing the case in court and ensuring there is no repetitive [questioning].
"We are also piloting pre-trial cross-examination. So for the majority of young and vulnerable victims, I hope we are soon going to move to a position where the cross-examination takes place by video link prior to the actual trial taking place."We are also piloting pre-trial cross-examination. So for the majority of young and vulnerable victims, I hope we are soon going to move to a position where the cross-examination takes place by video link prior to the actual trial taking place.
"[This] has been very successful and allows for the evidence to be properly structured so that you don't get the repetition. I think it's quite difficult to have a fair trial system where you have a mix of the inquisitorial and adversarial system.""[This] has been very successful and allows for the evidence to be properly structured so that you don't get the repetition. I think it's quite difficult to have a fair trial system where you have a mix of the inquisitorial and adversarial system."