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Vulnerable witnesses essay? Which statement about the expository essay is true

by Ян-казимир
07 August 2018
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the crown prosecute services(CPS) they make their decision as whether or not. Accessed 27 September 2018; Available from: p?vref1. If the defendant pleads not guilty. Additional questions that arise are in context of whether the special measures such as use of videolinks or removing the defendant from the court room are compatible with the principle of equality of arms. However, some of the other measures do which contravene with the defendants right to question the evidence against him. Overall the measures desisgned to make things easier for victims giving evidence may damage die process for defendandts by excluding some evidence which they could otherwise have used to disprove the charges against them while not making giving evidence in court easier for victims. Overally they have removed further due process from the courts in terms of through proof of the defendandts mens rea and criminal responsibility while not improving the social justice of the court process for all of those who need it the most. Conclusion, the measures are a welcome acknowledgement of the need to appreciate the trauma of vulnerable victims, particularly children. There vulnerable witnesses essay was conflicting evidence of the cause of the childs injuries. (on the application of D) v Camberwell Green Youth Court 2005 ukhl 4; 2005.L.R. A video recording of the witnesss interview can be submitted as the witnesss evidence in chief. Section 16 which deals with vulnerable witnesess provides that a witness is eligible for such assistance if she/he is under the age of 17 at the time of the hearing or the court may decide that the evidence is likely to be reduced because. Netherlands involved anonymous witnesses, where the court accepted that while Article 6(3 d) imposes the minimum right for the defence to be able to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the. Cross-examination by the lawyers can be unnecessarily aggressive and most witnesses lack a full understanding of the procedures. It has also been repeatedly held by the Strasbourg jurisprudence that Article 6 does not give the defendant unlimited, unchecked right to summon the witness into court, and it is up to national law of the member state to decide whether the witness should. But as long as the accused can see and hear the witness even if it is not in person then the fair trial principles stand sound. Women characterized the process of the cross examination as patrosing, humiliating and worse than the rape, accused defence barrister of asking private,intrusive and inappropriate questions about their private lives. Netherlands 7 the Court held that witnesses are protected by the echr and genuine concern in developing fair trial procedures. This essay will go on to reflect on the procedures that have been adopted in supporting victims and witnesses through the criminal justice process in the United Kingdom and what various techniques are used to balance the rights of the witness, victim and defendant. These difficulties can prove to be more severe for children, people with disabilities, and victims of sexual offences or domestic violence. After the recording has been played, the witness may be cross-examined and re-examined, often vulnerable witnesses essay by live-link. The right under Article 6 ensures that the accused is given a sufficient and appropriate opportunity to challenge the evidence against him, either at the time the witness was making the statement or in later stages of the proceedings. Evidence need not always be given at a public hearing in court; The acknowledgement by the UK courts that the measures do not undermine defendants see. The right to examine and have examined witnesses should not be 'balanced' with the interests (not rights) of victims; the changes are the outcome of political policy making rather an attachment to the principle of the right to a fair trial; the defendant always risks.

It has also shown that vulnerable witnesses who are at risk of psychological harm or who are too young to essay understand and comprehend the procedures of a courtroom 21 Through video links the defendant is deprived of seeing and hearing the witness in the court. E pleaded not guilty to a charge of cruelty to a five year old. For example, it does not necessarily put the defendant on a disadvantage. If the defendant pleas guilty to the offence that heshe committed. Birch found that the measures for vulenerable witnesses had not been fully implrmented nationwide and that the police and the cps had great difficulties in identifying who was and was not vulnerable and elegible for the special meauseres under the 1999 Act. Finalyy whitehead 200 found that 9 of the victims had to wait for quiet long hours just to give their evidence in court also 40 of vict8ims not asked to give any evidence despite when they were in court trial according to the study.

Vulnerable witnesses essay

Reference this, you must show an understanding of the surrounding intellectual debate. There would be a english language gcse paper 1 question 5 example answer greater chance of a trial being unfair if the witness to their best capability cannot provide evidence if forced to give evidence in person. Vulnerable and intimidated witnesses, further analysis will then be done to see whether the special measures and directions contravene guarantees of a fair trial. When a criminal offences commited against a child his or her parent or legal guardians are also classified as victims. Victim means anyone who is individually or collectively have suffered harm whether in a physical or mental injury. Evidence Concentrate, september 2018 p, hoyano Coroners and Justice Act 2009. T Some of these measures such as removal of the wigs and gowns or providing aids of communication to physically disabled witnesses do not raise questions of the defendants right to a fair trial. Cite This Essay, coherence and accuracy, special measures directions take two.

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