The Ministry of Justice has published new research which examines the impact of Section 28, a special measure that allows vulnerable or intimidated witnesses to pre-record their cross-examination ahead of trial.

Responding to the research, Michaela-Clare Addison, National Sexual Violence Lead at Victim Support said:

“Understanding the impact of special measures is vital to ensuring victim-survivors can make informed choices throughout the criminal justice process and we have long called for more evidence around the use of Section 28. It is encouraging to see new research indicating that Section 28 does not impact conviction rates.

However, we know from our own research, Suffering for Justice, and from our frontline services, that many victim-survivors are either not offered or granted the use of Section 28. It is vital that this changes and all victim-survivors have the opportunity to access special measures.

It is also important to note that the sample period only runs to 2022. There needs to be more up to date data to understand how Section 28 has been impacted by worsening court delays. In particular, whether victim-survivors who have used Section 28 are more likely to be given a floating trial, have their case adjourned or face longer delays between recording their evidence and trial.

We would like to see up to date and regular data published on this issue, ensuring that victim-survivors can make informed decisions on how to give their best evidence throughout an incredibly difficult and overwhelming process.”