Source · Select Committees · Home Affairs Committee
Recommendation 34
34
Not Addressed
Paragraph: 168
Consult judiciary and legal sector on widening private evidence use as a special measure.
Recommendation
We recommend that the Government consult with the judiciary and wider legal sector on evidence given in private as a special measure. Any such consultation should examine its use, given HMICFRS and HMCPSI have found that it can be underused, and explore whether its use could be further widened, with a focus on the experience of rape complainants. The approach in Scotland and Northern Ireland—as well as the Republic of Ireland—should be considered as part of this work.
Government Response Summary
The government did not commit to the requested consultation on widening the use of evidence given in private as a special measure for rape complainants, nor did it address considering approaches in other jurisdictions. Instead, it highlighted general improvements to special measures, such as updated CPS guidance for Section 25 and the rollout of Section 28 pre-recorded cross-examination.
Paragraph Reference:
168
Government Response
Not Addressed
HM Government
Not Addressed
The Ministry of Justice recognises the important role special measures can play in improving victim experience and the quality of evidence provided. In 2021, the CPS updated its Special Measure Legal Guidance to prosecutors on closing the public gallery (Section 25 of the Youth Justice and Criminal Evidence Act 1999). The update aimed to improve awareness and increase the use of Section 25 where appropriate, in particular removing the wording that indicated ‘exceptional circumstances’ when applying for this particular measure. Section 62 of the Domestic Abuse Act 2021, which was brought into force on 19 May 2022, will partially commence automatic eligibility of special measures including Section 25 for complainants of domestic abuse. This commencement will be supported by updated products and guidance shared with the police and CPS to communicate availability and eligibility of the Section 25 special measure and will help to increase awareness. In our second Rape Review Progress Update, we set out the work that has been delivered so far under the ‘Best Practice Framework’, which will draw together practice currently in use in Crown Courts and Nightingale Courts to facilitate better support for victims. This best practice will be shared at knowledge-sharing events and compiled into a single document that will be shared with all Crown Courts. The Ministry of Justice is also working with the judiciary, police and the CPS to roll out pre-recorded cross-examination (known as section 28) to all Crown Courts. The first phase of this rollout began on 31 March, and following two further phases in May and June, section 28 is now available in 37 Crown Courts in total. Pre-recorded evidence can help to improve the experience of victims, by allowing them to give their evidence earlier in the process and outside of the courtroom.