Lawyers are very familiar with the doctrine of unintended consequences, whereby new policies and initiatives bounce back and bite the hand which feeds them. The unintended consequences can arise from the best of motives; drug testing in prison was introduced to combat serious over consumption of cannabis inside: the fact that Class A drugs stay in the body for a shorter time and thus became the custodial drug of choice was in no one’s mind when the policy was instituted.
The introduction of special measures to make the court process easier for children and adult complainants of rape and sexual abuse is another example of how good intentions can go awry.
Before the Youth Justice and Criminal Evidence Act 1999, young or distressed witnesses had to lump it in the hostile court environment. If they were so distressed they did not come up to proof, the defendant benefited and justice did not. If they refused to come to court because of their worry about giving evidence an...
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