SUMMARY OF A, R. v [2022] EWCA Crim 988 (July 2022) by Dere Street’s Anne Richardson
July 21, 2022
The Appellant was convicted after trial of two counts of sexual assault against a 16-year-old girl by then 18 year old defendant. Appeal against conviction on basis that section 28 YJCEA1999 Act application should not have been granted, as relevant legislation in force at time did not permit the evidence of complainant to be adduced by way of pre-recorded evidence as she was 18 by the time application under section 28 was made, although aged 16 at time of ABE video interview. Also appealed on basis at ground rules hearing prior to section 28 judge inappropriately restricted questions defence proposed to ask in cross examination. Appellate court found that although section 28 was not available at time, this was procedural irregularity and did not render conviction unsafe. Nor did court accept that defence ability to challenge complainant was compromised, given case was a sensitive one, trial Judge had adjusted defence questions in a way which was unobjectionable and proportionate in all circumstances of case.
Full judgment can be found here
Anne is now one of the most senior and experienced members of the criminal team within chambers. She has been a Grade 4 prosecutor and a member of the RASSO panel for many years and practises exclusively in crime. She is recommended in both ‘The Legal 500’ and ‘Chambers and Partners’ legal directories.
