Pre-recorded cross-examination in sex offence cases: “Just another special measure?”
On the 15 November 2023, Natalie delivered a paper at the Centre for Socio-Legal Studies about barriers to accessing pre-recorded cross-examination for intimidated complainants in sex offence cases.
In the paper, Natalie discusses her doctoral research findings on the s. 28 pilot for intimidated complainants. She argues, that:
In summary, safeguards that were instrumental to producing better quality cross-examination and making the process more humane for the first s. 28 pilot for vulnerable witnesses, were hollowed out for intimidated complainants during the second pilot, stripping the s. 28 procedure of much of its regulatory potential.
Dr Natalie Kyneswood
Natalie also touches upon draft Law Commission proposals (2023) to create a new category of eligibility for special measures, namely a third category specifically for complainants in sex offence cases, which would create automatic eligibility for s. 28 as well as other “standard measures”. Natalie's views on the creation of a third category is as follows:
How we define complainants under the special measures scheme matters because it determines access to statutory protections as well as checks and balances on defence counsel and cross-examination that emerged later, in the shadow of the Act.
Though the proposal to create automatic entitlement to s. 28 for all complainants in sex offence cases is to be welcomed, the full potential of the s. 28 process is unlikely to be realised without clearer law and guidance on the use of GRHs, written questions and best practice on cross-examination in sex offence cases.
Dr Natalie Kyneswood
Natalie's has provided a detailed response to the Law Commission Consultation Paper on Evidence in Sexual Offences Prosecutions, including draft proposals to reform the law on special measures.