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“It’s the judicial equivalent of robbing Peter to pay Paul” – the implementation gap in section 28 Youth Justice and Criminal Evidence Act 1999
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Munro, Vanessa, Weare, S., O’Doherty, L., Carter, G., Hudspith, L., Sleath, E., Brown, S., Cutland, M. and Perot, C. (2024) “It’s the judicial equivalent of robbing Peter to pay Paul” – the implementation gap in section 28 Youth Justice and Criminal Evidence Act 1999. International Journal of Evidence and Proof . ISSN 1365-7127. (In Press)
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Abstract
Section 28, the last of the special measures under the Youth Justice and Criminal Evidence Act 1999 to be implemented, was rolled out across England and Wales between 2020 and 2022. This allows vulnerable and/or intimidated witnesses and complainants, who have first pre-recorded their evidence-in-chief through a police video-recorded interview, to pre-record their cross-examination, which is then presented to the court during the substantive trial. This article critically explores s.28 by drawing upon qualitative data from 108 semi-structured interviews conducted with participants across seven stakeholder groups, including criminal justice practitioners, and complainants and their families in sexual offences cases. Through a critical consideration of the articulated benefits associated with s.28 within the context of sexual offences cases, we argue that there continue to be substantial challenges associated with its implementation that reduce its prospects for success, and which need to be addressed as a priority.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KL Common Law, General K Law [Moys] > KM Common Law, Public Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Juvenile justice, Administration of -- Great Britain, Juvenile courts -- Great Britain, Evidence, Criminal -- Great Britain, Great Britain. Youth Justice and Criminal Evidence Act 1999., Sex crimes -- Great Britain, Admissible evidence -- Great Britain, Disclosure of information -- Law and legislation -- Great Britain | ||||||
| Journal or Publication Title: | International Journal of Evidence and Proof | ||||||
| Publisher: | SAGE Publications | ||||||
| ISSN: | 1365-7127 | ||||||
| Official Date: | 2024 | ||||||
| Dates: |
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| Status: | Peer Reviewed | ||||||
| Publication Status: | In Press | ||||||
| Re-use Statement: | Posted ahead of print. Munro, Vanessa, Weare, S., O’Doherty, L., Carter, G., Hudspith, L., Sleath, E., Brown, S., Cutland, M. and Perot, C. (2024) “It’s the judicial equivalent of robbing Peter to pay Paul” – the implementation gap in section 28 Youth Justice and Criminal Evidence Act 1999. International Journal of Evidence and Proof. Copyright © 2024 by SAGE Publications. Reprinted by permission of SAGE Publications. https://journals.sagepub.com/overview-metric/EPJ Users who receive access to an article through a repository are reminded that the article is protected by copyright and reuse is restricted to non-commercial and no derivative uses. | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Date of first compliant deposit: | 24 May 2024 | ||||||
| Date of first compliant Open Access: | 24 May 2024 | ||||||
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