This reference concerns the historical judgements that have been made about a girl who has complained of sexual abuse, the extent to which those judgements should inform decisions about disclosure in a subsequent criminal prosecution, the significance and likely impact of whatever material is available on the course of that criminal trial and, finally, the critical importance of combining fair treatment of those who complain of sexual crime with avoiding miscarriages of justice. It requires careful analysis rather than uncritical assumption, along with a proper reflection both of that which the courts have learnt about those who complain about sexual crime and the absolute requirement of a fair trial for those against whom complaints are made and pursued.
Sir Brian Leveson P QBD, Hickinbottom, Thirwall JJ
[2015] EWCA Crim 854
Bailii
England and Wales
Crime
Updated: 01 January 2022; Ref: scu.549795