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BCL Law Notes Evidence II: Practice and Principles Notes

Evidence Protections For Complainants Of Sexual Offences Privacy Restrictions, Special Measures And Restriction On Cross Examination By The Accused Notes

Updated Evidence Protections For Complainants Of Sexual Offences Privacy Restrictions, Special Measures And Restriction On Cross Examination By The Accused Notes

Evidence II: Practice and Principles Notes

Evidence II: Practice and Principles

Approximately 128 pages

These are very lengthy, very structured (color coded) and extremely detailed notes on the Law in relation to Evidence (practice and principles) in Ireland which includes English Law, too.

The subjects are contained in individual documents and are as follows:

Bad Character Evidence, Discretionary Corroboration Warnings, Protected Witnesses (witness protection programmes, supergrass witnesses), Sexual History Evidence, The Doctrine of Recent Complaint relating to the law of Sexual Offences, T...

The following is a more accessible plain text extract of the PDF sample above, taken from our Evidence II: Practice and Principles Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PROTECTIONS FOR SEXUAL COMPLAINANTS 1. PRIVACY RESTRICTIONS 2. SPECIAL MEASURES 3. RESTRICTION ON CROSS-EXAMINATION BY THE A IN PERSON PRIVACY RESTRICTIONS ➢ Proceedings in camera Criminal Law (Rape) Act 1981, as amended S6Mandatory exclusion of the public from all proceedings for sexual offences including applications for the admission of evidence of a C's sexual experience pursuant to s 3 Persons entitled to be present expressly:Officers of the court, those directly concerned in the proceedings and bona fide representatives of the pressDiscretion vested in TJ to permit other persons to remain during hearing ➢ Complainant anonymity S7 (1) General prohibition on publication or broadcast of any matter likely to lead members of the public to identify a person as the CThe TJ can issue directions that (1) does not apply in certain circumstances and subject to certain condition.While publication and broadcast is defined broadly for purpose of 7, Heffernan notes that the purposes do not include reference to social media and information technology S 11Provides penalties for the publication of unauthorised matters ➢ Accused anonymityPreserved through similar measures contained in s 8 of the same act. SPECIAL MEASURES ➢ Evidence through a live TV link Criminal Evidence Act 1992, as amended S 13A child under 18 automatically gives their evidence through a live TV link in sexual offence trialsCan be extended to witnesses over 18 with the leave of the courtWitness must be available for cross-examination ➢ Evidence through an intermediary Criminal Evidence Act 1992, as amended S 14Where a person under 18 is giving evidence through a live linkThe court if satisfied, having regard to age or mental condition of the witness and if the interests of justice require, can:direct that any questions be put through an intermediary Criminal Justice (Victims of Crime) Act S 19can be extended to alleged victims, regardless of age Rape crisis network publication:- in practice, an intermediary is very rarely used in Irish courts, In part because the legislation is vague about how, when and for what purpose they should be used and there have never been any Rules of Court to address these issues However, the legislation is clear on one point: Intermediaries may only be used to convey questions to the witness, not to convey witness's answers back to the court. This means that they may be of limited use All a quote ^Also point to lack of trained intermediaries ➢ Evidence through a screen Criminal Evidence Act 1992, as amended S 14A Inserted by s 30 (d) of the Criminal Justice (Victims of Crime) Act 2017When witnesses under 18 are giving evidence'a screen or other similar device may be positioned, in an appropriate place, so as to prevent the witness from seeing the accused when giving evidence

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