This article maps (through diagrams) and analyses the changes made by the Coroners and Justice Act 2009 to existing Special Measures Directions for child witnesses, child defendants and complainants of sexual assault under the Youth Justice and Criminal Evidence Act 1999. Adult defendants suffering from some form of significant mental impairment are for the first time made eligible to apply for leave to testify using the live link and with the assistance of an intermediary. In addition, the 2009 Act deems witnesses to violent offences against the person involving the use of firearms or knives to be intimidated and hence automatically eligible for Special Measures. The article concludes that the measures for defendants do not go far enough and are susceptible to challenge under ECHR Article 6, and perhaps go too far in introducing anomalies in the treatment of different categories of intimidated witnesses.

In December 2004 the Government announced a review of child evidence with a remit to consider whether section 28 of the Youth Justice and Criminal Evidence Act 1999, providing for video taped pre-trial cross-examination, should be retained in some form, to review the performance of Special Measures for child witnesses, and to consider measures for vulnerable defendants. The Review Group's Consultation Paper, Improving the Criminal Trial Process of Young Witnesses, was published only in June 2007. This article critically evaluates the most significant recommendations. As of October 2008, the Government had yet to publish its position regarding the responses to the Consultation Paper, notwithstanding that the consultation period had closed in October 2007.

ISBN: 0011 135X

A revised and improved version of my SALJ article, written for a British readership and dealing with attacks on the presumption of innocence.

An exploration of the justifications for the presumption of innocence, and the various arguments for curtailing it by reversing the burden of proof in certain types of case.

evaluates the decision of the House of Lords in Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, which held that mandatory Special Measures Directions for child witnessesunder the Youth Justice and Criminal Evidence Act 1999 in principle comply with ECHR Article 6.

The Youth Justice and Criminal Evidence Act 1999 enables courts to issue Special Measures Directions to protect children and other vulnerable witnesses. This article reviewed the compatibility of these measures with the fair trial guarantee contained in article 6 of the European Convention on Human Rights. Subject to a few doubtful cases, including the withholding of Special Measures from child defendants, the great majority of Special Measures Directions were concluded to be likely to be ECHR-compatible. It was cited with approval by the House of Lords in R v Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, in holding that the 'primary rule' regime for child witnesses was compatible with article 6, but expressing doubt about the exclusion of child defendants from Special Measures.

ISBN: 0011 135X

This article maps and analyses the Special Measures Directions introduced for child and other vulnerable and intimidated witnesses by the Youth Justice and Criminal Evidence Act 1999. Simplified versions of the diagrams in this article are reproduced in the several editions of the official government guidance to Special Measures Directions, Achieving Best Evidence (Home Office et al).

Reports on the results of an empirical research study commissioned by the Crown Prosecution Service on how Crown prosecutors use the Code for Crown Prosecutors to make decisions regarding a range of offences, using the evidential and public interest criteria.

This book examines the whole process of child protection from complaint investigation to prosecution in the criminal and civil courts. It provides a coherent analysis of current law and procedure across the legal and geographical boundaries within which legal discussion of child abuse is usually confined, analysing criminal, family, tort, human rights and evidence law as they bear on child abuse cases. Comparative material is drawn from over 75 jurisdictionsusing the adversarial trial model. The book was awarded the first Inner Temple Book Prize (2008). The paperback edition is updated in English law, including the Coroners and Justice Act 2009 enacted on 12 November 2009.

ISBN: 978-0-19-829946-2

This reports the findings of a qualitative empirical research study commissioned by the Home Office in 1997, to investigate the extent to which cases of alleged sexual, physical and emotional abuse or neglect are not prosecuted because the evidence gathered during the investigation are deemed insufficient or inadmissible. The study examined how that evidence is collected and evaluated in each of the three phases of a criminal prosecution: the interagency investigation, the assessment by the Crown Prosecution Service, and the trial.The study also provides a comparative survey of measures to facilitate the taking of children's evidence in other jurisdictions, in particular in Canada, United States, New Zealand and Australia.

ISBN: 1-84082-357-7

This is an entirely new chapter for Blackstone’s Criminal Practice, and explains the statutory provisions and case law governing (1) special measures for child and vulnerable witnesses, including defendants (2) best practice in questioning child and vulnerable witnesses and (3) witness anonymity orders.

Chapters on Character

ISBN: 1847036066

I am responsible for chapters 34 (Right to Silence, 35 (Confessions), 36 (Statements in Presence of Accused), 37 (Agency etc)The book is updated with supplements - one is being prepared for Sept 07

ISBN: 421874708

This article deals with complex and overlapping law relating to (i) the adverse inferences which may be drawn, and judicial directions to be given, when the accused fails to mention a fact when questioned he later relies upon in his defence (now mainly statutory), and (ii) lies (usually told when questioned, but sometimes given in the witness box - common law).

ISBN: 406964394