Pre-recorded evidence, one of the measures recommended by the Rape Review in 2021, allows victims and witnesses of crimes such as rape and modern slavery to have their cross-examination video-recorded as close to the time of the offence as possible and played later during the trial, subject to a successful application to the court. It has been available as a measure in all crown courts since September 2022.
According to research published this month, victims who have pre-recorded their evidence find the experience less intimidating as they do not have to face their alleged attacker in court. Other benefits included improved recall of events as a result of cross-examination being brought forward and because the victim knew exactly when they would need to give evidence as opposed to sometimes waiting in court for days to give their evidence. Victims were also able to access support services earlier, such as therapy.
Justice secretary Dominic Raab said the report showed pre-recorded evidence was ‘making an important and positive difference’.
Emily Hunt, independent Adviser to the Rape Review, said pre-recorded evidence ‘allows the most vulnerable and intimidated victims—like rape victims—to have an opportunity to move forward and move on more quickly from what has happened to them, while staying engaged in the process and it does so regardless of those in the system who would rather just keep doing things the way they’ve always been done’.
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