What is a Section 28 Hearing?
Section 28 hearings are very common in cases concerning alleged sexual abuse or domestic violence, they provide the complainant the opportunity to give their evidence before trial via a video link which is recorded, this recording is then played to the jury at the trial.
Section 28 hearings were introduced by the Youth Justice and Criminal Evidence Act 1999
and is referred to as one of many special measures afforded to vulnerable complainants. Other special measures include:
- Giving evidence via a video link
- Giving evidence behind a screen
- Removal of wigs and gowns by the barristers
- Intermediaries
- Giving evidence in private
Special measures are not automatic an application must be made by the Crown Prosecution Service which is then responded to by the defence and ultimately decided upon by the court.
If special measures are granted by way of a complainant giving their evidence via section 28 then a Ground Rules Hearing (GRH)will take place prior to the complainant giving their evidence, this is usually approximately one week before. In preparation for the GRH the judge will expect the defence advocate to prepare the questions that they propose to ask in advance and submit them to the Court for a decision to be made at the GRH about whether they are appropriate for the particular witness. Advocates will be expected to be familiar with the appropriate Advocates Gateway Toolkit. If there is an Intermediary they will be present at the GRH. This means that questions will be pre-planned and structured and will have been given the approval of the judge before the complainant is asked them.
What Happens At A Section 28 Hearing?
The judge will meet with the witness in the room where they will be giving their evidence from (this will not be the courtroom, but will be a room within the court building). The Crown Prosecution advocate will also have met the complainant, and in some circumstances the defence advocate will meet with the complainant too. The defendant will be present in the courtroom, and will usually be sat in the dock which is the usual place for the defendant to sit during proceedings. Questions will then be put to the complainant via a video link and this will be recorded.
What Happens After The Section 28 Hearing?
After the hearing the case will continue to trial, and your defence team will continue to prepare for this with the knowledge of the answers given by the complainant in cross examination.
What Will Happen At Trial?
At trial the section 28 hearing will be played to the jury after the ABE interview has been played. The ABE interview is what the complainant would have provided to the police during the investigation stage and will be their account of the allegations. The trial will continue as normal and the defendant, if they choose to do so, will give their evidence. Any other witnesses will be heard live at trial.
Will a Section 28 Hearing Affect My Case?
As with everything, there are advantages and disadvantages to section 28 hearings. In our view more advantages come from this method of cross examination. One of the main advantages is that the jury will not see the complainant in person, and therefore the emotion from the complainant may have less of an impact on the jury.
However, we do experience delays between s.28 hearings and the trial which can unintentionally compromise the defendant. It is well known that the courts are facing huge backlogs, and even priority cases are waiting many months sometimes years for the defendant to be given their opportunity to give evidence, some of who are facing long prison sentences if convicted.
How We Can Help You
At Eventum Legal our lawyers
deal every day with cases where section 28 hearings are required. It is important, as with any cross examination of a complainant in a case, that careful preparation is undertaken in readiness for the hearing. This means your lawyers must know your case inside out, we pride ourselves on our keen eye for detail, and leaving a no stone unturned approach. The key to a successful cross examination of a complainant is knowing your case and we can assure our client's that we invest our time in you, your case and all relevant materials so that our advocates can represent you to the highest standards.
If you have been charged with an offence, or your case is heading to trial and you want to discuss what our approach to this would be contact us today for a free no obligation discussion. You can do this via our
contact us page,
what's app (07949630143), or via phone on 0161 706 0602.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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