Vulnerable Witnesses: Cross-examination by Unrepresented Defendants (Hansard, 14 March 1997)

§ The Minister of State, Home Office (Baroness Blatch)

The Government wish to take steps to prevent the ordeal experienced by some victims of rape and other offences who have been personally cross-examined in court by unrepresented defendants. Therefore we have undertaken a review into whether the prohibition on the cross-examination of child witnesses by unrepresented defendants in cases of sexual offences, violence and cruelty, which was introduced by the Criminal Justice Act 1991, should be extended to other cases.

In light of that review, my right honourable friend concluded that it would be right for a discretionary scheme prohibiting unrepresented defendants from cross-examining vulnerable victims to be available to the courts for use in appropriate circumstances. Where a prohibition was imposed, cross-examination could only be conducted by a legal representative of the defendant.

Details of how the scheme would work, including the offences to which it should apply, will be considered further as part of the wide-ranging review of court procedures for vulnerable witnesses which was announced by my right honourable friend the Minister of State, the Member for Penrith and the Borders, on 23 January. This will enable the scheme to be developed in a co-ordinated way, alongside other issues covered by that review.

It is vital to encourage witnesses to come forward to give evidence against offenders and the Government have continually introduced measures to improve the treatment of victims and witnesses by the criminal justice system. A discretionary scheme to prevent cross-examination by unrepresented defendants in appropriate cases is consistent with the Government's approach and will provide a valuable addition to existing witness protection measures.