AG v W [2021] JRC 202 (19 July 2021)

AG v W [2021] JRC 202 (19 July 2021)

The complainant's psychological distress at being seen by the defendant would adversely affect the quality of her evidence. The test in Article 101(3) is met, and the further special measure will not prejudice the defendant, who will still be able to hear the testimony. A jury direction will address any potential...

Source-derived case information.

Citation
[2021] JRC 202
Parties
Applicant: The Prosecution; Respondent: The Defendant
Jurisdiction
Jersey
Judgment Date
19 July 2021
Procedural Posture
Criminal / Pre Trial Application for Special Measures
Outcome
application granted
Legal Topics
Special Measures, Vulnerable Witnesses, Video Link Evidence, Screening of Defendant
Criminal Law Evidence Law Special Measures Vulnerable Witnesses Video Link Evidence Screening of Defendant

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Parties

The Prosecution

Applicant

The Defendant

Respondent

Procedural Posture

Criminal / Pre Trial Application for Special Measures

Legal Issues

  1. 1 Whether further special measures should be granted to prevent the defendant from seeing the complainant while she gives evidence via video link

Ratio Decidendi

The complainant's psychological distress at being seen by the defendant would adversely affect the quality of her evidence. The test in Article 101(3) is met, and the further special measure will not prejudice the defendant, who will still be able to hear the testimony. A jury direction will address any potential prejudice.

Court Disposition

application granted

Orders

  • The defendant is to be screened from seeing the complainant while she gives evidence via video link.