‘Section 28′: Victims’ Commissioner welcomes special measures report findings
The Victims' Commissioner responds to recent Ministry of Justice findings evaluating the use of s.28.
Yesterday, Monday 10 March, the Ministry of Justice published its report Impact Evaluation of Pre-recorded Cross Examination for Vulnerable & Intimidated Witnesses.
The report evaluates the use of Section 28 (s.28) in the Youth Justice and Criminal Evidence Act 1999 (YJCEA)—pre-recorded cross-examination of vulnerable and intimidated witnesses’ evidence.
S.28 is a special measure that allows vulnerable or intimidated witnesses, including victims, to pre-record their cross-examination ahead of the trial. This means witnesses do not need to give their evidence live during the trial as the recorded evidence and cross-examination can be played back at the court.
Commenting on the report the Victims’ Commissioner, Baroness Newlove, said:
“I welcome this report and am pleased that it shows no negative impacts from the use of pre-recorded cross examinations.
Giving evidence can be a challenging process—but for some victims and witnesses it is especially hard. Special measures, like s.28, can make the processes easier for vulnerable and intimidated victims, removing the need for them to attend trail. It can also allow them to give their evidence sooner, enabling victims to start moving on from the trauma of the offence.
I am aware there have been some claims that using s.28 was more likely to result in a negative outcome for the victim but this report does not find that to be the case.
In light of these findings, I am calling on the courts, CPS and the police to get behind the use of pre-recorded evidence and make sure if is fully available to all the victims and witnesses who could benefit from its use.”