The Extension of Pre-recorded Cross-examination and Related Special Measures to Adult 'Intimidated' Complainants in Sex Offence Cases

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Pre-recorded cross-examination enables vulnerable and intimidated witnesses to record their evidence so that they do not have to testify at a criminal trial. It is the most far-reaching and significant 'special measure' to be introduced in England and Wales. However, very little is known about how this new special measure works in practice, especially in sex offence cases. My PhD investigated the use of pre-recorded cross-examination for adult complainants in sex offence cases. I was interested in understanding how it affected the treatment and questioning of complainants and what happened at pre-trial hearings where cross-examination was pre-recorded. I also wanted to explore how pre-recording the complainant's evidence affects criminal trials because witness testimony has traditionally been given 'live' and in-person. My research is important in understanding pre-recorded cross-examination because I observed some of the first cases where pre-recorded cross-examination was used for complainants in sex offence cases. I also interviewed barristers to understand how legal professionals understood the measure. I found that pre-recorded cross-examination was not working as well as it could be in sex offence cases and that the law needs to be applied more consistently. Some of my findings are also relevant to government plans to extend pre-recorded cross-examination to victims of domestic violence.The ESRC Fellowship will help me to communicate my PhD findings to different audiences, to shape the development of law, policy and guidance in this emerging area. It will also support me to improve my research and writing skills to succeed in the next stage of my academic career. During the Fellowship I will write articles based on my PhD about the barriers complainants face in accessing pre-recorded cross-examination and the impact of this new measure on criminal trials. This will develop the literature on special measures and understanding of the application of pre-recorded cross-examination to complainants in sex offence cases. I will present these papers to academics at the annual Socio-Legal Studies Association Conference and the Socio-Legal Discussion Group at the University of Oxford. My research suggests that judges and barristers were not always aware of the law on pre-recorded cross-examination so I will write an article for academics and legal professionals dealing with some of the major concerns about pre-recorded cross-examination. I will start a conversation about the development of best practice in this area and organise a seminar at the Centre for Socio-Legal Studies, Oxford, for this purpose. During my PhD, I also found that complainants lack information about pre-recorded cross-examination, which makes it difficult for them to decide which special measure to use to help them testify. I will consult with Sexual Assault Referral Centres, Rape Crisis Centres and work with complainants to make a video about pre-recorded cross-examination, to help complainants make decisions about which special measure would work best for them. The video will have captions and I will also produce a leaflet to accompany the video to make the information easier to access and digest for different people. These materials will be made publicly available online. I will hold an online launch for academics, campaign groups and advice agencies to raise awareness of the video and leaflet, and to discuss my findings on barriers to eligibility and access to special measures for adult complainants. Lastly, I will work with academics, professionals and community organisations during the Fellowship to build my network, improve my research skills and become a better researcher. I will apply for further 'Early Careers Funding' to continue my work on pre-recorded cross-examination and its wider roll-out, including for complainants of domestic violence.