Source: All England Reporter
Publisher Citation: [2002] All ER (D) 33 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Keene LJ, Davis J and Judge Rivlin QC

Representation Martyn Levett (assigned by the Registrar of Criminal Appeals) for the defendant.
  Christopher Kerr (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 2 July 2002

Catchwords

Criminal law - Video recording of testimony - Witness not competent to give evidence - Witness with severe learning difficulties - Video interview of witness played to jury - Whether judge having erred in failing to exclude evidence of video - s 78.

The Case

A judge had been entitled to admit a video interview of a victim with learning difficulties in the case of a defendant charged with rape because other witnesses at trial had given evidence about the defendant's incapacity and had been available for cross-examination by the defence. It had also been open to the defence to request that a further video interview be conducted if it considered that the first video interview did not appropriately reflect the victim's demeanour.

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