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It has been speculated thatthe completion of the Inns of Court College of Advocacy (ICCA) training course“Advocacy and the Vulnerable” will become mandatory for all barristers who wishto practise in these types of cases.

Alleged victims of rape and other sex crimes will now have their cross examination evidence pre-recorded and subsequently played during the trial.

There has been a lot of discussion over the last few months on the roll out of s28 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999).

The main question everyone is debating is 'Whether it is okay to pre-record rape complainants’ cross examination evidence? Section 28 of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 states that where a video-recording is admitted as evidence in chief of a witness under section 27 of the YJCEA then a special measures direction may also provide for any video recorded cross-examination and re-examination of the witness to be admitted as well.

There are many concerns to be raised when taking pre-recorded evidence some weeks or even months before trial.

This is necessary to see whether anything arises which undermines the prosecution case.

Criminal defence lawyers have also highlighted the need for skilled and effective trial counsel to be instructed to undertake the pre-recorded cross examination, to ensure defendants are not disadvantaged and that there is a fair trial.

Kenneth Williamson, 33, formerly of Dundee, was asked by one of his victims if he was going to kill her after revealing a shovel in his car boot.

She was told to let him do what he wanted to her so he would not “get violent”, the High Court in Edinburgh heard.

681 comments

  1. There has been a lot of discussion over the last few months on the roll out of s28 of the Youth Justice and Criminal Evidence Act 1999 YJCEA 1999. The main.

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