REGINA v A

REGINA v A

Section 28 procedure was not available as complainant was not eligible under section 16 at the time of the application, but the procedural irregularity did not affect the safety of the conviction; restrictions on cross-examination were proportionate and did not compromise fairness.

Parties
Respondent: Regina; Appellant: A
Jurisdiction
England and Wales
Judgment Date
19 July 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sexual Offences, Special Measures, Youth Justice, Evidence Procedure
Criminal Law Sexual Offences Special Measures Youth Justice Evidence Procedure

Case Brief

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Parties

Regina

Respondent

A

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether section 28 of the Youth Justice and Criminal Evidence Act 1999 was available for pre-recorded cross-examination given the complainant's age
  2. 2 Whether restrictions imposed at the ground rules hearing on defence cross-examination rendered the conviction unsafe

Ratio Decidendi

Section 28 procedure was not available as complainant was not eligible under section 16 at the time of the application, but the procedural irregularity did not affect the safety of the conviction; restrictions on cross-examination were proportionate and did not compromise fairness.

Court Disposition

Appeal dismissed