AG -v- U [2010] JRC 186A (14 October 2010)

AG -v- U [2010] JRC 186A (14 October 2010)

Given the complainant's vulnerability and medical evidence that he is unfit to give evidence in court, and considering the statutory purpose to protect children, special measures are ordered to allow the video-recorded statement as evidence in-chief and cross-examination by video-link. Fairness to the defendant is preserved by allowing cross-examination.

Citation
[2010] JRC 186A
Parties
Applicant: The Crown; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
14 October 2010
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Special Measures, Video Evidence, Vulnerable Witnesses, Cross Examination
Criminal Law Evidence Law Special Measures Video Evidence Vulnerable Witnesses Cross Examination

Case Brief

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Parties

The Crown

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether special measures should be granted to allow the complainant's video-recorded statement as evidence in-chief and cross-examination by video-link under the Criminal Justice (Evidence of Children)(Jersey) Law 2002.

Ratio Decidendi

Given the complainant's vulnerability and medical evidence that he is unfit to give evidence in court, and considering the statutory purpose to protect children, special measures are ordered to allow the video-recorded statement as evidence in-chief and cross-examination by video-link. Fairness to the defendant is preserved by allowing cross-examination.

Court Disposition

application granted

Orders

  • Special measures ordered: complainant's video-recorded statement to stand as evidence in-chief; cross-examination to be conducted by video-link.