EXCLUSIVE @CrimBarrister on the proposed introduction of pre-recorded cross-examination for “victims of rape and other sex crimes”

There are so many potential blog topics from the current febrile political climate right now, it’s hard to know where to start.

There’s the rumbling row about s41 and whether the previous sexual history of complainants in sexual offences trials should be admissible, and if so in what circumstances – check out top blogger The Secret Barrister on this (https://thesecretbarrister.com/2017/02/09/the-rape-shield-bill-is-well-intentioned-meaningless-and-dangerous/). And then there’s the issue about the approach of the CPS to prosecuting sex cases, and alleged ‘victim blaming’, which has raised its head again today (see here: http://www.dailymail.co.uk/news/article-4349464/Judge-launches-extraordinary-attack-Chief-Prosecutor.html).

How do you balance the need to protect the reputation of those falsely accused of sexual offences against the need to ensure such crimes are uncovered? By Robin Murray

Anyone who believes that there is a straightforward answer to this question simply does not understand the question. Many Lawyers are conflicted on this. Recently acquitted of a further allegation the perhaps now ironically styled former ‘publicist’ Max Clifford said in court “I was found guilty [in 2014] ... I know I’m innocent. Hopefully one day I will be able to prove that. One of the things I’ve learned [from the last trial] is you’re guilty until proven innocent when sexual offences are involved.” The fact of his acquittal would tend to suggest this is an exaggeration as does the high level of acquittals in Rape trials.

Legal aid - From the depths of defeat we need a catalyst for renewal' by Robin Murray

Leaving aside the important issue of the contracts it is the appalling collapse in legal rates following that are worrying more and more of us. These are not just the scheduled 17.5% 'across the board' cut but in many cases far more severe cuts with, for example in my own county of Kent, cuts in police station work of up to 34% in fees. Very few businesses can survive such a disastrous reduction in income without severe consequences for both the business and the public even with an increase in volume for those who have 'won' duty contracts. This to be followed by further cuts to Crown court fees in January. One could be forgiven for thinking that the Government does not want people to be represented by viable quality firms.