Under appropriate circumstances, it might be appropriate for the judge to take over from defence counsel the cross examination of the complainant. Here the child complainant in a case of sex abuse and rape, refused to answer questions from defence counsel. The judge discussed the matter with defence and prosecution counsel in the absence of the witness and jury. He was given a copy of defence counsel’s questions, and indicated where he was not inclined to ask the questions. Prosecution counsel was denied a re-examination. The jury were warned appropriately. The trial was fair, but the procedure might only be used in exceptional cases and not involving adult witnesses.
Citations:
Times 03-May-2001
Jurisdiction:
England and Wales
Criminal Practice
Updated: 28 April 2022; Ref: scu.88403