AG -v- A [2012] JRC 029 (06 February 2012)

AG -v- A [2012] JRC 029 (06 February 2012)

Given the nature of the alleged sexual offences, the complainant's distress, and the supporting evidence of her inability to give evidence in the presence of the defendant, it is in the interests of justice to allow the use of screens, provided any potential prejudice to the defendant is addressed by appropriate jury directions.

Citation
[2012] JRC 029
Parties
Applicant: Attorney General; Respondent: Defendant; Witness: B (complainant)
Jurisdiction
Jersey
Judgment Date
06 February 2012
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Special Measures, Witness Protection, Sexual Offences, Fair Trial
Criminal Law Evidence Special Measures Witness Protection Sexual Offences Fair Trial

Case Brief

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Parties

Attorney General

Applicant

Defendant

Respondent

B (complainant)

Witness

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether the complainant should be permitted to give evidence behind screens so as not to see or be seen by the defendant.

Ratio Decidendi

Given the nature of the alleged sexual offences, the complainant's distress, and the supporting evidence of her inability to give evidence in the presence of the defendant, it is in the interests of justice to allow the use of screens, provided any potential prejudice to the defendant is addressed by appropriate jury directions.

Court Disposition

application granted

Orders

  • Screens to be put up for the evidence of B.
  • Brief adjournment to install screens immediately prior to B's evidence.