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Maidstone and Canterbury Crown Courts will allow vulnerable victims to give evidence in pre-recorded sessions from today.
This new protection, brought in by the Ministry of Justice, will allow victims and witnesses to tell their story without the trauma of recounting it in front of the accused in court.
These cross-examinations will be recorded as close to the time of the offence as possible so the victim can remember the events with more clarity. Feedback from hearings already using this method show victims felt less pressure and witnesses were better able to recall events.
Witnesses and victims classed as vulnerable can be children or anyone whose quality of evidence is likely to be impacted by a mental or physical disability or an impairment of intelligence and social functioning.
Pre-recorded hearings have also been used for victims of modern slavery or sex offences. It is down to the judge's discretion to decide when pre-recordings can be used.
David Naylor, Kent contract manager at Victim Support, said: “We welcome the Ministry of Justice announcement to allow for recorded, pre-trial cross examination of victims. It’s a step in the right direction to ensure that vulnerable victims and witnesses can give evidence sooner, and the chance to recover and move beyond the crime they experienced.
“It also means that victims don’t have to give evidence in front of the perpetrator, which we know causes many people to feel incredibly anxious and distressed.
"We hope that with this change, it reduces the stress of giving evidence for victims and witnesses, but it is vital that they are always given the choice of how and where they want to give evidence, as some victims may still want to have their ‘day in court’.”
Alex Chalk, the government's Justice Minister, said: “Vulnerable victims show great courage by coming forward, and it’s vital they can do so in the least traumatic way possible.
"This technology ensures they are protected and are able to give their best possible evidence, without reducing a defendant’s right to a fair trial.
“But this is just one part of our efforts to boost the support on offer for victims at every stage of the justice system, which includes consulting on a Victims’ Law.”
Dame Vera Baird, the victims’ commissioner for England and Wales, said: “I very much welcome this further rollout ensuring that more vulnerable victims and witnesses have the option to pre-record their evidence.
"This has the potential to transform the criminal justice experience for so many vulnerable victims.”
"I have long been concerned that children who complained of victimisation should not spend a long part of their childhood beset with the worry of ultimately giving an account of what happened.
"If they can give their evidence at an early stage, they will then be free to get on with their lives. There is also a further point that therapy is often delayed whilst a complainant is a witness.
“I congratulate HMCTS and the Ministry of Justice in driving this forward and being so responsive. The sooner these arrangements are in place the better.
"This has the potential to transform the criminal justice experience for so many vulnerable victims.”
All crown courts will be offering this protection by the end of the year.
