AG -v- X [2014] JRC 065A (13 March 2014)

AG -v- X [2014] JRC 065A (13 March 2014)

Special measures, including the appointment of intermediaries, are justified and necessary to protect the interests of a very young and vulnerable complainant and to ensure the Defendant's fair trial rights, but the extent of intermediary involvement must be proportionate to the assessed needs. Advance disclosure of cross-examination questions to the intermediary is required for the child, but does not amount to disclosure of the defence case. For the Defendant, an intermediary is not strictly necessary for a fair trial but is authorised to assist with instructions and understanding during trial breaks.

Citation
[2014] JRC 065A
Parties
Prosecution: Attorney General; Defendant: Defendant; Complainant: Child Complainant
Jurisdiction
Jersey
Judgment Date
13 March 2014
Procedural Posture
Criminal / Preliminary Judgment on Special Measures and Intermediary Appointment
Outcome
Special measures and intermediary appointments ordered as set out; directions for further reduction of ABE interview; ground rules hearing scheduled.
Legal Topics
Special Measures, Intermediaries, Vulnerable Witnesses, Fair Trial Rights
Criminal Law Child Protection Fair Trial Special Measures Intermediaries Vulnerable Witnesses Fair Trial Rights

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Parties

Attorney General

Prosecution

Defendant

Defendant

Child Complainant

Complainant

Procedural Posture

Criminal / Preliminary Judgment on Special Measures and Intermediary Appointment

Legal Issues

  1. 1 Whether an intermediary should be appointed for the child complainant and/or the Defendant
  2. 2 What special measures are appropriate for the child complainant
  3. 3 Whether advance disclosure of cross-examination questions is required for a fair trial

Ratio Decidendi

Special measures, including the appointment of intermediaries, are justified and necessary to protect the interests of a very young and vulnerable complainant and to ensure the Defendant's fair trial rights, but the extent of intermediary involvement must be proportionate to the assessed needs. Advance disclosure of cross-examination questions to the intermediary is required for the child, but does not amount to disclosure of the defence case. For the Defendant, an intermediary is not strictly necessary for a fair trial but is authorised to assist with instructions and understanding during trial breaks.

Court Disposition

Special measures and intermediary appointments ordered as set out; directions for further reduction of ABE interview; ground rules hearing scheduled.

Orders

  • Special measures for the child complainant including cleared public gallery, familiarisation visits, intermediary presence, and regulated questioning.
  • Advance disclosure of cross-examination questions to the intermediary for the child.