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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll