New inquiry: Justice Committee launches new inquiry examining the use of pre-recorded cross-examination

• Inquiry: The use of pre-recorded cross-examination under Section 28 of the Youth Justice and Criminal Evidence Act 1999
• Justice Committee

Its written call for evidence supplements the work undertaken by the cross-party Committee on this subject earlier this year, including an evidence session in June on the current issues with the operation of video-recorded cross-examination.  

Section 28 of the YJCEA allows vulnerable witnesses (under Section 16 of the YJCEA) and intimidated witnesses (under Section 17(4) of the YJCEA) to video record their cross-examination before the trial.

The section 28 recording can then be presented during trial without the witness needing to attend. Section 28 was first piloted in 2014 with vulnerable witnesses, before being rolled out for that cohort across all Crown Courts in England and Wales.

In 2019, piloting of section 28 for the intimidated cohort began in three early adopter courts: Leeds, Liverpool and Kingston-upon-Thames. Then in December 2021, former Justice Secretary Dominic Raab announced his intention to roll out section 28 nationally for the intimidated cohort, which completed in 2022.

The Government published a process evaluation of section 28 for intimidated witnesses in April 2023. The Law Commission’s consultation on evidence in sexual offences prosecutions, published in May 2023, contained a number of proposed changes to the use of section 28. In June 2023, the Committee held two evidence sessions on the use of section 28 and the Government’s evaluation.

Chair's comment 

Chair of the Justice Committee, Sir Bob Neill said: “This is a timely inquiry through which the Committee can examine the effect of the use of section 28 on the experiences of vulnerable and intimidated witnesses, victims, defendants and juries.

“Earlier this year we heard compelling evidence from barristers that there are real problems with how section 28 is working. Now we want to gather more evidence to put to the Government to see if the situation can be improved for everyone.

“In our call for evidence the Committee wishes to analyse every aspect of the practical operation of section 28, its impact, plus any improvements or reforms which need to take place following its implementation.”

Terms of reference

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 by Wednesday, December 6 2023 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.

Further information

• About Parliament: Select committees
• Visiting Parliament: Watch committees

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