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Legal Update: Measures to protect child witnesses

2 mins read Legal
Aggressive cross-examination of vulnerable witnesses giving evidence in England and Wales is to be reviewed, says Kirsten Anderson, legal research and policy manager of Coram Children's Legal Centre.

Justice minister Damian Green announced last month that there will be a review into aggressive cross-examination of vulnerable witnesses in England and Wales. The planned review will take place over the summer, in order to identify measures that can be used to prevent hostile practices in court. In addition, plans were announced to pilot a scheme allowing vulnerable witnesses to record cross-examination evidence before a trial commences, to avoid having to be cross-examined in the court room.

According to Green, the impetus for the review is the identification of "the growing number of cases where victims report being left traumatised by aggressive cross-examination from multiple defence barristers". He cited an example in a recent child prostitution case in which one 13-year-old victim was questioned for 12 days by seven defence barristers. Each took turns accusing her of lying, asked whether she repented her sins, and left her in tears.

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