Call for Evidence

The Committee is launching a call for written evidence on the use of pre-recorded cross-examination, under Section 28 of the Youth Justice and Criminal Evidence Act 1999, to build on its existing work in this area. The Committee invites submissions on:  

• Every aspect of the practical operation of section 28, including the role of the police, the Crown Prosecution Service, legal representatives and the judiciary;

• The level of use of section 28 before and since its roll-out, and the extent of up-take for cases which are eligible; 

• The quality of technology used to operate section 28, and how this could be improved;

• The process used to decide whether to use section 28 in a particular case;

• The effect of the use of section 28 on the experience of vulnerable and intimidated witnesses, victims, defendants and juries; 

• The effect of the use of section 28 on the number of cases brought to trial, and on the outcome of cases; 

• What effect the use of section 28 has had on listing, capacity and delays in the Crown Court;

• The availability of barristers to act in cases where section 28 is used; 

• How to improve the data available on the use of section 28;

• How the operation of section 28 could be improved and reformed; and 

• Whether changes should be made to the Criminal Procedure Rules and Criminal Practice Directions relating to the operation of section 28.

The Committee has previously held oral evidence sessions related to this topic, these can be found here.