London Daily

Focus on the big picture.
Sunday, Jul 13, 2025

Barristers accuse ministers of rushing release of pre-recorded video evidence

Barristers accuse ministers of rushing release of pre-recorded video evidence

Barristers say there are insufficient resources and funding, particularly amid indefinite walkout
Barristers have accused ministers of ignoring a crisis in the criminal justice system by continuing to roll out pre-recorded video evidence for rape survivors in England and Wales amid a strike by advocates.

The policy, allowing complainants of offences including modern slavery to be cross-examined before trial in front of a limited number of people, was extended to five more crown courts on Friday, taking the total to 63. Three-quarters of courts are covered and all will be by the end of the month.

While barristers support the thinking behind section 28, which also covers witnesses, they say there are insufficient resources and funding for it, particularly in the light of the indefinite walkout over legal aid fees, which began on Monday.

The Criminal Bar Association said even before the strike had begun some advocates refused to do section 28 cases because of the amount of extra work it entailed for no additional money.

Kirsty Brimelow, the CBA chair, said: “It’s introducing processes while having fingers in your ears and your eyes shut as to the practical reality of how justice is being delivered in the criminal courts. You can’t keep introducing extra processes with extra work for barristers without proper funding.

“The case itself might be listed in a year’s time. The barrister then has to prepare the case again when it comes to trial for no extra money.”

Before recording the evidence barristers have to attend a “ground rules” hearing and must submit questions for the complainant. Section 28 interviews take precedent over other matters, even if the advocate is in the middle of another trial, which may have to be suspended as a result.

Mary Aspinall-Miles, who sits on the CBA’s rape and serious sexual offences group, said: “Nobody wants to traumatise complainants or defendants any more than they need to be, that’s why we support section 28 in principle, she said. “But the Ministry of Justice [MoJ] and lord chancellor have tried to act as if it’s business as usual while ignoring an increasing backlog [in the courts].

“It’s not taking the bigger picture into account. What’s this actually going to do to crown court listings? How is this going to work in practice? How are the resources going to be made available to court judges to be able to run this efficiently and effectively? And how is it going to interplay with availability?”

On Thursday, the CBA said the new justice secretary, Brandon Lewis, had agreed to meet its leaders after they had been angered by the refusal of his predecessor, Dominic Raab, to face them over the negotiating table.

Criminal barristers are demanding a 25% increase in legal aid fees after a fall in their real earnings of 28% since 2006. They say such a rise is required to prevent the collapse of a criminal justice system on its knees because of cuts. The government has agreed to a 15% uplift but only to new cases and the CBA says the crown courts’ backlog of about 60,000 cases means the increase could take years to have effect.

James Oliveira-Agnew, a barrister who helps run vulnerable witness training for other advocates. said of section 28: “It’s a good idea but just as with everything that seems to go through criminal justice, it’s a good idea poorly thought out. It needs funding, and it needs people to be paid property for it. Otherwise, it’s just not going to work.”

The MoJ did not comment on the criticisms but the justice minister, Rachel Maclean, said pre-recorded evidence was a vital part of “overhauling the way rape victims are supported through the criminal justice system so that more cases come to court and more rapists are put safely behind bars”.
Newsletter

Related Articles

0:00
0:00
Close
Renault Shares Drop as CEO Luca de Meo Announces Departure Amid Reports of Move to Kering
Senior Aides for King Charles and Prince Harry Hold Secret Peace Summit
Anti‑Semitism ‘Normalised’ in Middle‑Class Britain, Says Commission Co‑Chair
King Charles Meets David Beckham at Chelsea Flower Show
If the Department is Really About Justice: Ghislaine Maxwell Should Be Freed Now
NYC Candidate Zohran Mamdani’s ‘Antifada’ Remarks Spark National Debate on Political Language and Economic Policy
President Trump Visits Flood-Ravaged Texas, Praises Community Strength and First Responders
From Mystery to Meltdown, Crisis Within the Trump Administration: Epstein Files Ignite A Deepening Rift at the Highest Levels of Government Reveals Chaos, Leaks, and Growing MAGA Backlash
Trump Slams Putin Over War Death Toll, Teases Major Russia Announcement
Reparations argument crushed
Rainmaker CEO Says Cloud Seeding Paused Before Deadly Texas Floods
A 92-year-old woman, who felt she doesn't belong in a nursing home, escaped the death-camp by climbing a gate nearly 8 ft tall
French Journalist Acquitted in Controversial Case Involving Brigitte Macron
Elon Musk’s xAI Targets $200 Billion Valuation in New Fundraising Round
Kraft Heinz Considers Splitting Off Grocery Division Amid Strategic Review
Trump Proposes Supplying Arms to Ukraine Through NATO Allies
EU Proposes New Tax on Large Companies to Boost Budget
Trump Imposes 35% Tariffs on Canadian Imports Amid Trade Tensions
Junior Doctors in the UK Prepare for Five-Day Strike Over Pay Disputes
US Opens First Rare Earth Mine in Over 70 Years in Wyoming
Kurdistan Workers Party Takes Symbolic Step Towards Peace in Northern Iraq
Bitcoin Reaches New Milestone of $116,000
Biden’s Doctor Pleads the Fifth to Avoid Self-Incrimination on President’s Medical Fitness
Grok Chatbot Faces International Backlash for Antisemitic Content
Severe Heatwave Claims 2,300 Lives Across Europe
NVIDIA Achieves Historic Milestone as First Company Valued at $4 Trillion
Declining Beer Consumption Signals Cultural Shift in Germany
Linda Yaccarino Steps Down as CEO of X After Two Years
US Imposes New Tariffs on Brazilian Exports Amid Political Tensions
Azerbaijan and Armenia are on the brink of a historic peace deal.
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Weinstein Victim’s Lawyer Says MeToo Movement Still Strong
U.S. Enacts Sweeping Tax and Spending Legislation Amid Trade Policy Shifts
Football Mourns as Diogo Jota and Brother André Silva Laid to Rest in Portugal
Labour Expected to Withdraw Support for Special Needs Funding Model
Leaked Audio Reveals Tory Aide Defending DEI Record
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
London Stock Exchange Faces Historic Low in Initial Public Offerings
A new online platform has emerged in the United Kingdom, specifically targeting Muslim men seeking virgin brides
Trump Celebrates Independence Day with B-2 Flyover and Signs Controversial Legislation
Boris Johnson Urges Conservatives to Ignore Farage
SNP Ordered to Update Single-Sex Space Guidance Within Days
Starmer Set to Reject Calls for Wealth Taxes
Stolen Century-Old Rolls-Royce Recovered After Hotel Theft
Macron Presses Starmer to Recognise Palestinian State
Labour Delayed Palestine Action Ban Over Riot Concerns
Swinney’s Tax Comments ‘Offensive to Scots’, Say Tories
High Street Retailers to Enforce Bans on Serial Shoplifters
×