Protection of witnesses from cross-examination by accused in person
From CrimeLine from Andrew Keogh
- Schedule 26 of the Criminal Justice and Immigration Act 2008 Paragraphs 35 to 39 of which amend the provisions in the Youth Justice and Criminal Evidence Act 1999 intended to protect rape complainants from cross-examination about their previous sexual history;
- Special measures provisions
- Special measures resources
- Restriction on evidence or questions about complainant’s sexual history
- Youth Justice and Criminal Evidence Act 1999
Contents |
General prohibitions
Section 34. Complainants in proceedings for sexual offences.
Section 35 Child complainants and other child witnesses.
Prohibition imposed by court
Section 36 Direction prohibiting accused from cross-examining particular witness.
Section 37 Further provisions about directions under section 36.
Cross-examination on behalf of accused
Section 38 Defence representation for purposes of cross-examination.
Section 39 Warning to jury.
Funding of defence representation
Section 40 Funding of defence representation.
Section 19 (3)(e) Prosecution of Offences Act 1985 provides: The Lord Chancellor may by regulations make provisions for the payment out of central funds, in such circumstances and in relation to such criminal proceedings as may be specified, of such sums as appear to the court to be reasonably necessary to cover the proper fee or costs of a legal representative appointed under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (defence representation for purposes of cross-examination) and any expenses properly incurred in providing such a person with evidence or other material in connection with his appointment.
Costs out of central funds
Costs out of Central Fund Costs of Privately funded defendants and prosecutors, and Appointees in the Criminal Courts
As a consequence of the coming into effect on 31st October 2009 of the Costs in Criminal Cases (General) (Amendment) Regulations 2009 the whole basis on which claims for defendants costs out of central funds are determined and paid has changed.
These provisions do not apply to the costs of private prosecutors or appointees (orders under section 17 (Prosecution costs) or section 19 (Provision for orders as to costs in other circumstances) of the Prosecution of Offences Act 1985).
The costs of court appointees ....a legal representative appointed by the court under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 to cross-examine a witness in the interests of the accused are determined by the NTT under the terms of Part IIIA of the Costs in Criminal Cases (General) Regulations 1986. Where an appointment is made no specific order is made by the court, but the appointee should obtain a written document from the court setting out the nature and extent of the appointment. This document will be required by the NTT to enable the claim for costs to be determined.
The Law Society has issued a Practice Note in relation to defendant's costs orders. See:Costs out of central funds The costs a court may award are not limited by the regulations Advocates should therefore bill these cases at civil guideline rates (Band A). New Guideline Hourly Rates
Duties of an advocate
The Bar Council has produced useful guidance to assist advocates appointed to cross-examine.
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