AG v MM [2024] JRC 114 (15 May 2024)

AG v MM [2024] JRC 114 (15 May 2024)

Complainants in rape cases are qualifying witnesses for special measures under Article 100, and there is a strong presumption that applications for screens to shield them from the defendant and public gallery will be granted if sought by the Crown.

Citation
[2024] JRC 114
Parties
Witness: Complainant; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
15 May 2024
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Special Measures, Rape, Witness Protection, Evidence
Criminal Law Special Measures Rape Witness Protection Evidence

Case Brief

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Parties

Complainant

Witness

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether the complainant should be granted special measures to be screened from the defendant and the public gallery during evidence.

Ratio Decidendi

Complainants in rape cases are qualifying witnesses for special measures under Article 100, and there is a strong presumption that applications for screens to shield them from the defendant and public gallery will be granted if sought by the Crown.

Court Disposition

application granted

Orders

  • Screens to be placed between the complainant and the defendant, and between the complainant and the public gallery during evidence.