The anguish of being cross-examined in court will not be experienced by rape victims thanks to a rule that was implemented today (11 July 2022) in all Crown Courts in Wales.
The option, which is currently in place in 47 English Crown Courts, enables witnesses and victims of crimes including rape and modern slavery to have their cross-examination videotaped and presented at a later point in the trial. This is contingent upon a court application being granted.
The tape is made as soon after the crime as possible, when memories are still vivid, and it aids victims in avoiding the stress of testifying in a live trial, which many people find distressing.
All six Crown Courts in Wales, including those in Caernarfon, Cardiff, Merthyr Tydfil, Mold, Newport, and Swansea, will now provide this assistance as of today.
The action comes after the technology was successfully implemented across the nation for victims who were more likely to be at risk, such minors or people with diminished mental ability; more than 2,500 witnesses have already benefited from it since August 2020.
Lord Chancellor and Secretary of State for Justice Dominic Raab, who serves as deputy prime minister, said:
“While rape convictions are up two thirds in the last year, we are determined to ensure even more victims get the justice they deserve.
“That’s why we have rolled out pre-recorded evidence to seven more crown courts – to spare more rape victims the trauma of testifying in the glare of the courtroom.
“We are also recruiting more independent sexual violence advisors, piloting specialist rape support in courts, delivering a new Victims’ Bill and boosting collaboration between police and prosecutors.”
The proposal also aims to uphold a defendant’s right to a fair trial, and a judge will decide whether to pre-record evidence on a case-by-case basis.
It will mean that 54 Crown Courts, or nearly two thirds of all Crown Courts in England and Wales, would be able to give pre-recorded evidence. By September 2022, the government is committed to having it implemented nationally.
Robert Buckland, the secretary of state for Wales, said:
“To improve conviction rates for rape and sexual violence it is vital that victims can provide the best possible evidence and are not further traumatised by their experiences in court.
“Video evidence works and is part of our ongoing programme to transform the criminal justice system so victims are at its centre. I helped begin this work during my previous role in government and I am delighted to see these measures being rolled out in every crown court in Wales.”
Sara Kirkpatrick, Welsh Women’s Aid Chief Executive, said:
“Special measures to ensure that victims and witnesses are not further traumatised by their experiences through the courts are a vital component of a victim centred criminal justice system. We welcome that all crown courts across Wales will now have the facility to use pre-recorded evidence of victims, which will help to provide scope and flexibility for individuals to engage with historically intimidating justice systems.
“While video evidence is a proactive and positive step in addressing issues of distrust and low public confidence, it must be just one improved element in a wider, systemic change that places survivors at the centre of all processes.”
One of the main commitments made by the government in the Rape Review Action Plan is the expansion of pre-recorded evidence. For the police, prosecutors, and courts, the plan lays out specific steps. These include adopting a new method for conducting investigations, decreasing the number of victims quitting the process, raising the number of trials that are heard, safeguarding the public, and locking up more rapists.
Even if more has to be done, these initiatives are starting to make a difference. According to the most recent statistics, there were 13 percent more adult rape prosecutions in Wales in 2021 than there were in 2019.
The government agreed to testing specialised rape support in three courtrooms as suggested by the Joint Inspectorates of the CPS and Police and issued the most recent Rape Review Progress report last month. This would provide assistance within the court, such as Independent Sexual Violence Advisors, as well as trauma education for court personnel. Snaresbrook Crown Court in London, Leeds Crown Court, and Newcastle Crown Court will all have these courtrooms set up.
The government has recently taken steps to improve the safety of our streets and public trust in the legal system, including the release of a draught Victims’ Bill and today’s statement.
The legislation aims to give victims’ views more weight and holds organisations like the police and Crown Prosecution Service (CPS) more accountable for the assistance they give.