Justice Minister critical of delay in rolling out measures to aid vulnerable witnesses

The delay in rolling out new measures to ease the distress of vulnerable witnesses giving evidence is “wrong”, a justice minister has admitted.

A six-month pilot allowing the most vulnerable victims and witnesses to pre-record their evidence and be spared cross-examination began in 2014.

The three Crown Courts used in the successful pilot have continued using the measures, but efforts to extend them to other courts have not yet begun.

Labour’s Ann Coffey (Stockport), who led the adjournment debate, told the Commons: “This means that there is now a postcode lottery for vulnerable witnesses.

“It cannot be right that only a small minority have access to these protective measures.

“Tens of thousands of children are called to give evidence every year and they should all have the benefit of Section 28.

“Given the Government’s own commitment to full implementation by March 2017, the decision can no longer be put off.”

Those who would benefit from the measures include children and those with mental health problems under 16, however it could be extended to cover sexual offence victims of all ages.

Minister Mike Penning said it is “regrettable” that the new Section 28 measures, under the Youth Justice and Criminal Evidence Act 1999, had not been rolled out sooner.

There had been concern ahead of the pilot that some cases would be recalled but it happened on just one occasion.

He said: “All the other evidence shows that it does actually make a better situation for the witness but it’s also much better for the criminal justice system, we get speed through the criminal justice system, through the courts in particular, and the guilty pleas are substantially there.”

He added: “It is wrong that we have a situation where my pilots are continuing as pilots and we know just how successful they are.

“The postcode lottery will end.”

While he has yet to gain Government clearance, he said he hopes to begin a roll-out of Section 28 by the end of the year but admitted it was unlikely to be completed by the target date of March 2017.

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