AG v Drean [2007] JRC 249 (28 December 2007)

AG v Drean [2007] JRC 249 (28 December 2007)

E may give evidence in chief by video recording and be cross-examined by television link under Articles 2 and 3. N may give evidence in chief by video recording under Article 3 but must be cross-examined in person, as she does not qualify as a 'child' under Article 2 at the time of trial. The court has no inherent jurisdiction to extend television link evidence beyond statutory limits.

Citation
[2007] JRC 249
Parties
Prosecutor: Mr O'Connell; Defence Counsel: Mr Steenson; Complainant: E; Complainant: N; Defendant: defendant
Jurisdiction
Jersey
Judgment Date
28 December 2007
Procedural Posture
Criminal / Pre Trial Application
Outcome
Application granted in part and refused in part.
Legal Topics
Admissibility of Video Evidence, Child Witnesses, Television Link Evidence, Rape
Criminal Law Evidence Law Admissibility of Video Evidence Child Witnesses Television Link Evidence Rape

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Parties

Mr O'Connell

Prosecutor

Mr Steenson

Defence Counsel

E

Complainant

N

Complainant

defendant

Defendant

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether evidence of child witnesses can be given by video recording under Article 3 of the Criminal Justice (Evidence of Children)(Jersey) Law 2002
  2. 2 Whether cross-examination of child witnesses can be conducted by television link under Article 2 of the same Law
  3. 3 Interpretation of statutory definitions of 'child' for purposes of video and television link evidence

Ratio Decidendi

E may give evidence in chief by video recording and be cross-examined by television link under Articles 2 and 3. N may give evidence in chief by video recording under Article 3 but must be cross-examined in person, as she does not qualify as a 'child' under Article 2 at the time of trial. The court has no inherent jurisdiction to extend television link evidence beyond statutory limits.

Court Disposition

Application granted in part and refused in part.

Orders

  • E's evidence in chief to be given by video recording; cross-examination by television link.
  • N's evidence in chief to be given by video recording; cross-examination to be in person.