*/
Judicial cross-examination of vulnerable victims and a blend of the adversarial and inquisitorial systems are amongst proposals being considered by a victims’ law taskforce. Sir Keir Starmer QC, the former Director of Public Prosecutions who is chairing the taskforce, said he supported the pilots testing the pre-recording of evidence but argued for changes “further and faster” and in “formerly ‘no-go’ areas”.
Speaking on BBC Radio 4’s Today programme on 7 April, Starmer elaborated on ideas he put forward in an article for the Guardian the previous day. He said: “I think there is a real consensus now that things have to change. The last two or three years have seen a number of cases where there has been unacceptable treatment of vulnerable witnesses and victims in court by barristers... judges are becoming much more uncomfortable with aggressive cross-examining.”
Whilst acknowledging that “there will be examples of judges who may have taken an approach that others wouldn’t approve of”, he said that “by and large what a judge is able to do is to identify the issues and then pursue what actually happened in a different way to the advocate”. He added: “I do not think it is impossible for a judge to probe and test an account of the vulnerable victim in a way that gets to the truth without undermining the rights of the defence.”
Speaking against the proposal on the Today programme, Sally O’Neill QC, a former chair of the Criminal Bar Association, questioned whether “judges would be so much better at cross-examining young witnesses than trained advocates”. She said it had been known “for some time” that the adversarial method of cross-examining young witnesses was not appropriate and was “almost non-existent”. “It’s a question of training,” she added.
Responding to Starmer’s proposals on BBC Radio 4’s World at One, Attorney General Dominic Grieve QC MP said that he welcomed the debate, but it raised profound issues about the right to a fair trial. Penny Cooper, Chair of the Advocate’s Gateway, said: “[Our] guidance on questioning vulnerable witnesses is there for judges as well as advocates. However, in jury trials it is hard to see how this might work without compromising fairness to the defendant, many of whom are also vulnerable. To use the cricketing analogy, can judges be impartial umpires if they are also responsible for bowling at certain times?”
The taskforce, set up by the Labour Party, which also includes Labour Peer, Doreen Lawrence and Peter Neyroud, former Chief Constable of Thames Valley Police and a criminologist.
Whilst acknowledging that “there will be examples of judges who may have taken an approach that others wouldn’t approve of”, he said that “by and large what a judge is able to do is to identify the issues and then pursue what actually happened in a different way to the advocate”. He added: “I do not think it is impossible for a judge to probe and test an account of the vulnerable victim in a way that gets to the truth without undermining the rights of the defence.”
Speaking against the proposal on the Today programme, Sally O’Neill QC, a former chair of the Criminal Bar Association, questioned whether “judges would be so much better at cross-examining young witnesses than trained advocates”. She said it had been known “for some time” that the adversarial method of cross-examining young witnesses was not appropriate and was “almost non-existent”. “It’s a question of training,” she added.
Responding to Starmer’s proposals on BBC Radio 4’s World at One, Attorney General Dominic Grieve QC MP said that he welcomed the debate, but it raised profound issues about the right to a fair trial. Penny Cooper, Chair of the Advocate’s Gateway, said: “[Our] guidance on questioning vulnerable witnesses is there for judges as well as advocates. However, in jury trials it is hard to see how this might work without compromising fairness to the defendant, many of whom are also vulnerable. To use the cricketing analogy, can judges be impartial umpires if they are also responsible for bowling at certain times?”
The taskforce, set up by the Labour Party, which also includes Labour Peer, Doreen Lawrence and Peter Neyroud, former Chief Constable of Thames Valley Police and a criminologist.
Judicial cross-examination of vulnerable victims and a blend of the adversarial and inquisitorial systems are amongst proposals being considered by a victims’ law taskforce. Sir Keir Starmer QC, the former Director of Public Prosecutions who is chairing the taskforce, said he supported the pilots testing the pre-recording of evidence but argued for changes “further and faster” and in “formerly ‘no-go’ areas”.
Speaking on BBC Radio 4’s Today programme on 7 April, Starmer elaborated on ideas he put forward in an article for the Guardian the previous day. He said: “I think there is a real consensus now that things have to change. The last two or three years have seen a number of cases where there has been unacceptable treatment of vulnerable witnesses and victims in court by barristers... judges are becoming much more uncomfortable with aggressive cross-examining.”
Efforts continue on gender equality, support for the Bar, meaningful reform for the sector and advocating for the rule of law
Leading drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Beatson Cancer Charity in Glasgow as part of its Giving Back campaign
Girls Human Rights Festival 2025: a global gathering for change
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Patrick Green KC talks about the landmark Post Office Group litigation and his driving principles for life and practice. Interview by Anthony Inglese CB
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
