Special measure: Video-recorded cross-examination

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Created by: Sarah Roche
Created on: 10-06-17 20:44

What is the current status of s.28?

Implemented in pilot areas, due to be rolled out (but statement made without full governmental clearance)

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What did Ministry of Justice say about the pilot study?

Some thought it was kinder to vulnerable Ws, others thought it was inhibiting

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What did Plotnikoff + Woolfson say is required for a national roll-out of s.28?

Pre-trial investment + effective training

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How did Plotnikoff + Woolfson say that implementation of s.28 be improved (3 ways)?

Ensure Ws know all options on how to give evidence, use remote sites to avoid witness-D encounters, avoid requiring Ws to give evidence again if there is an appeal

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What are the pros of s.28? (x6)

Less stressful for Ws, reduces delay between alleged crime + cross-examination, shorter trial, evidence is "bottled" (in case future things happen e.g. illness strikes), video can be edited to remove inadmissible parts, easier for judge to intervene

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Why is it easier for a judge to intervene when it comes to s.28? But why might this not be so relevant here?

Because in a usual trial jury must be sent out (hassle). But questions are agreed beforehand so less likely

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What do Plotnikoff + Woolfson say are the 2 pros of s.28?

Provide Ws with finality + Ws aren't required to attend each trial where there are multiple Ds

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What are the cons of s.28? (x5)

Makes inroads into principle of orality, new expensive equipment required, technological difficulties, enhances communication (negative for guilty Ds), can only occur once D gets full disclosure (so may be delays of recording)

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What are 2 more cons of s.28?

Allows P to build case against D (but even when s.28 isn't used, there must be a defence statement + full list of witnesses), D will give quite a lot of defence away pre-trial

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Other cards in this set

Card 2

Front

What did Ministry of Justice say about the pilot study?

Back

Some thought it was kinder to vulnerable Ws, others thought it was inhibiting

Card 3

Front

What did Plotnikoff + Woolfson say is required for a national roll-out of s.28?

Back

Card 4

Front

How did Plotnikoff + Woolfson say that implementation of s.28 be improved (3 ways)?

Back

Card 5

Front

What are the pros of s.28? (x6)

Back

View more cards

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Special measure: Video-recorded cross-examination