Written evidence submitted to Justice Select Committee inquiry on Pre-recorded Cross-examination

In December 2023, Natalie Kyneswood submitted written evidence to the House of Commons Justice Select Committee inquiry into the Use of Pre-recorded cross-examination under Section 28 of the Youth Justice and Criminal Evidence Act 1999. Natalie's submission focused on the operation of s. 28 for adult victims of rape and sexual abuse (currently referred to as "intimidated complainants" under the YJCEA 1999) and relied on her empirical research into the s. 28 pilot for intimidated witnesses.

The Committee will hear of complications with the implementation of s. 28.... However, many of these issues are caused or exacerbated by systemic issues affecting the Criminal Justice System.... Conditions for the expansion and roll-out of s. 28 were certainly problematic, but they should not be used as reasons to withhold, restrict or downgrade the s. 28 procedure.... With investment, careful planning and design, issues with s. 28 can be addressed. Specialist courts may be an effective way of channeling resources where they are most needed in this regard.
Dr Natalie Kyneswood

In February 2024, Natalie provided further supplementary evidence to the inquiry concerning preliminary data on s. 28 and conviction rates in sex offence cases. This has since been cited by the Law Commission in their Final Report on Evidence in Sexual Offences Prosecutions

On this page

Written evidence on s. 28 and related special measures in sex offence cases