News EditorSolicitors Journal

Welsh courts roll out pre-recorded evidence for rape victims

Welsh courts roll out pre-recorded evidence for rape victims

All crown courts across England and Wales now offer the scheme

From today (Monday 11 July 2022), rape victims will be spared the stress of being cross-examined in court under a measure rolled out to every crown court in Wales.

The provision – already available in 47 crown courts in England – allows victims and witnesses of crimes such as rape and modern slavery to have their cross-examination video-recorded and played later during trial, subject to a successful application to the court.

The measure is designed to maintain a defendant’s right to a fair trial and any decision to pre-record evidence is made by a judge on a case-by-case basis. Both defence and prosecution lawyers will be present in court during the pre-recording as will the judge and the defendant.

The recording is taken as close to the time of the offence as possible. Many victims find the giving of evidence traumatic, and having evidence pre-recorded helps reduce stress.

The scheme follows the successful implementation for vulnerable victims, such as children or those with limited mental capacity, across the country – with more than 2,500 witnesses having already benefitted from the technology since August 2020. Vulnerable witnesses and victims are defined as all child witnesses under 18 and any witness whose quality of evidence is likely to be diminished because they are suffering from a mental disorder or physical disability or has significant impairment of intelligence and social functioning.

Deputy prime minister, lord chancellor and secretary of state for justice, Dominic Raab, commented: “While rape convictions are up two thirds in the last year, we are determined to ensure even more victims get the justice they deserve.

“That’s why we have rolled out pre-recorded evidence to seven more crown courts – to spare more rape victims the trauma of testifying in the glare of the courtroom.

“We are also recruiting more independent sexual violence advisors, piloting specialist rape support in courts, delivering a new Victims’ Bill and boosting collaboration between police and prosecutors”.

54 crown courts can offer pre-recorded evidence – nearly two thirds of all Crown Courts in England and Wales. The government is committed to nationwide rollout by September 2022.

Secretary of State for Wales, Robert Buckland, said: “To improve conviction rates for rape and sexual violence it is vital that victims can provide the best possible evidence and are not further traumatised by their experiences in court.

“Video evidence works and is part of our ongoing programme to transform the criminal justice system so victims are at its centre. I helped begin this work during my previous role in government and I am delighted to see these measures being rolled out in every crown court in Wales”.

Welsh Women’s Aid Chief Executive, Sara Kirkpatrick, said: “Special measures to ensure that victims and witnesses are not further traumatised by their experiences through the courts are a vital component of a victim centred criminal justice system.

“We welcome that all crown courts across Wales will now have the facility to use pre-recorded evidence of victims, which will help to provide scope and flexibility for individuals to engage with historically intimidating justice systems.

“While video evidence is a proactive and positive step in addressing issues of distrust and low public confidence, it must be just one improved element in a wider, systemic change that places survivors at the centre of all processes”.

AdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisement
Latest News

Legal job numbers increase but applications decline

Fri Sep 29 2023

BARBRI candidates outperform SRA average by 13%

Fri Sep 29 2023

Justice delayed as thousands of cases wait more than two years to be heard

Thu Sep 28 2023

Solicitors warned over immigration services

Thu Sep 28 2023

New report highlights the transformative effects of domestic abuse training on family lawyers

Wed Sep 27 2023

Asylum seekers stranded on Diego Garcia win challenge against return to Sri Lanka

Wed Sep 27 2023

UN and coalition of NGOs write to Unilever to voice deep concern regarding victims of violence at Unilever tea plantation

Tue Sep 26 2023

Live Facial Recognition: How to Stay Within the Law

Tue Sep 26 2023

Ethics Institute launches taskforce to examine legal services to oligarchs and kleptocrats

Mon Sep 25 2023
FeaturedThe Law Society intervention ensures liberal approach to dealing with concurrent problems on legal aid
The Law Society intervention ensures liberal approach to dealing with concurrent problems on legal aid
Jeanne Kelly elected President of the British Irish Chamber of Commerce
Jeanne Kelly elected President of the British Irish Chamber of Commerce
Families continue to be victims of a broken justice system
Families continue to be victims of a broken justice system
Call for compensation scheme extension to help more abuse survivors
Call for compensation scheme extension to help more abuse survivors
SJ Interview: Hannah Ambrose
SJ Interview: Hannah Ambrose
Whose human rights are more important, yours or mine?
Whose human rights are more important, yours or mine?