header-logo header-logo

06 March 2013 / Hle Blog
Issue: 7551 / Categories: Blogs
printer mail-detail

Vulnerable victims

HLE blogger Elaine Freer defends the criminal justice system

The recent suicide of Frances Andrade has sparked debate once again on the treatment of victims by the court system. Mrs Andrade had, days earlier, testified at the trial of her former music teacher, accused of rape and sexual abuse of her over a period of years. She took her own life while the trial was still continuing.

Mrs Andrades had chosen to give her evidence in full view of the court. As she was a vulnerable witness, due to the nature of the crimes allegedly committed against her, she would have had the option of benefitting from a variety of different measures that are enshrined in the Youth Justice and Criminal Evidence Act 1999.

However, although not in the discretion of the court as for some other classes of witnesses, these measures are still only provided on a requested basis, not an automatic one. Furthermore, such measures cannot usually be forced upon a witness—the statute states that the views of the witness should be taken into consideration when making decisions on special measures.

The family of Frances Andrade have made it clear that the accusations levelled at her in cross examination were “more than she could bear”. It is, however, indisputable that the questions to which they specifically refer were necessary from the defence’s point of view—they were putting forward the defendant’s case and testing the veracity of the claims.

The barrister remained within the Code of Conduct, and it is hard to see how her approach can be criticised. Indeed, not to test the evidence properly would itself be a breach of the Code of Conduct, which requires that barristers, “must at all times promote and protect fearlessly and by all proper and lawful means his lay client’s best interests”.

It is impossible to view Mrs Andrade’s suicide as anything other than a tragedy. However, to accuse the criminal justice system of causing it by abject failure is to misunderstand the system, and the elements that are crucial to retain the notion of a defendant being innocent until they are proven to be guilty on the strength of evidence before the court alone.”

To read in full go to: www.halsburyslawexchange.co.uk

 

Issue: 7551 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll