Archive for the 'cross-examination' Category

Regina v Miller – WLR Daily

Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142

“In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope.”

WLR Daily, 3rd June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Al-Sweady and others) v Secretary of State for Defence (No 2) – WLR Daily

R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292

“In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those ‘hard-edged’ questions of fact, it was vital for full disclosure to occur to enable effective and proper cross-examination to take place. That constituted an important exception to the conventional approach in respect of disclosure in judicial review cases and the approach should be similar to that involved in an ordinary Queen’s Bench action.”

WLR Daily, 5th October 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sarcastic, rude: is this the way to question child witnesses? – The Times

“The cross-examination of the four- year-old girl in the Baby Peter-related rape trial raised uncomfortable questions about how the justice system treats child witnesses.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Review begins into cross-examination of rape victim, four – The Times

“An independent review is underway into how Haringey Social Services dealt with the case of a two-year-old girl raped by a man convicted over Baby P’s death.”

Full story

The Times, 2nd May 2009

Source: www.timesonline.co.uk

Judges admit they get round law designed to protect women in rape trials – The Guardian

“Judges have undermined a law intended to stop defence lawyers cross-examining women in rape cases about their sexual history, by continuing to insist on their discretion to allow it, a new book discloses.”

Full story

The Guardian, 1st April 2008

Source: www.guardian.co.uk


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