Cross Examination Changes

Question 1

Apparent via 2 Acts:

Answer 1

Youth Justice & a Criminal Evidence Act 1999

Criminal Justice Act 2003

Question 2

Youth Justice & Criminal Evidence Act 1999 introduced 3 features:

Answer 2

1) Special measures - vulnerable/intimidated victims/witnesses - ‘Best Evidence’
2) Prevention of cross-examination of victim by defendant
3) Stricter guidelines to limit discretion (e.g. Use prior sexual history of victim in court for sexual offence trials)

Question 3

Criminal Justice Act 2003 led to restrictions on evidence of bad character to be lifted: recognition it wasn’t…

Answer 3

‘Fair’ for only victim/witnesses prior offending/medical history to be used to discredit in a trial

Question 4

Criminal Justice Act 2003 BUT controversy, increased procedural rights for victims, seen by some as:

Answer 4

Infringing or diminishing defendants rights (concerns undermine due process)

Question 5

(Criminal Justice Act 2003) further changes: restrictions on evidence of prior offending lifted to…

Answer 5

‘Even’ up attacks on victims charter

Question 6

(Criminal Justice Act 2003) further changes: defence to give more detailed advance disclosure of

Answer 6

Case

Question 7

(Criminal Justice Act 2003) further changes: permit prosecution to make application for

Answer 7

Trial without jury

Question 8

(Criminal Justice Act 2003) further changes: New Labour saw changes to trial process as means to

Answer 8

Address balance

Question 9

(Criminal Justice Act 2003) further changes: change to what rule?

Answer 9

Hearsay rule

Question 10

(Criminal Justice Act 2003) further changes: relaxing of double jeopardy rule - can be:

Answer 10

Tried again for the same offence if there is “new compelling, reliable and substantial evidence”, which had not been previously available