London Daily

Focus on the big picture.
Friday, Sep 12, 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
German police raid AfD lawmaker’s offices in inquiry over Chinese payments
Turkish authorities seize leading broadcaster amid fraud and tax investigation
Volkswagen launches aggressive strategy to fend off Chinese challenge in Europe’s EV market
ChatGPT CEO signals policy to alert authorities over suicidal youth after teen’s death
The British legal mafia hit back: Banksy mural of judge beating protester is scrubbed from London court
Surpassing Musk: Larry Ellison becomes the richest man in the world
Embarrassment for Starmer: He fired the ambassador photographed on Epstein’s 'pedophile island'
Manhunt after 'skilled sniper' shot Charlie Kirk. Footage: Suspect running on rooftop during panic
Effective Protest Results: Nepal’s Prime Minister Resigns as Youth-Led Unrest Shakes the Nation
Qatari prime minister says Netanyahu ‘killed any hope’ for Israeli hostages
King Charles and Prince Harry Share First In-Person Moment in 19 Months
Starmer Establishes Economic ‘Budget Board’ to Centralise Policy and Rebuild Business Trust
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Trinidad Leader Applauds U.S. Naval Strike and Advocates Forceful Action Against Traffickers
Kim Jong Un Oversees Final Test of New High-Thrust Solid-Fuel Rocket Engine
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Supreme Court temporarily allows Trump to pause billions in foreign aid
Charlie Sheen says his father, Martin Sheen, turned him in to the police: 'The greatest betrayal possible'
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
Pig Heads Left Outside Multiple Paris Mosques in Outrage-Inducing Acts
Nvidia’s ‘Wow’ Factor Is Fading. The AI chip giant used to beat Wall Street expectations for earnings by a substantial margin. That trajectory is coming down to earth.
France joins Eurozone’s ‘periphery’ as turmoil deepens, say investors
On the Anniversary of Queen Elizabeth’s Death: Prince Harry Returns to Britain
France Faces New Political Crisis, again, as Prime Minister Bayrou Pushed Out
Murdoch Family Finalises $3.3 Billion Succession Pact, Ensuring Eldest Son’s Leadership
Big Oil Slashes Jobs and Investments Amid Prolonged Low Crude Prices
Court Staff Cover Up Banksy Image of Judge Beating a Protester
Social Media Access Curtailed in Turkey After CHP Calls for Rallies Following Police Blockade of Istanbul Headquarters
Nayib Bukele Points Out Belgian Hypocrisy as Brussels Considers Sending Army into the Streets
Elon Musk Poised to Become First Trillionaire Under Ambitious Tesla Pay Plan
France, at an Impasse, Heads Toward Another Government Collapse
Burning the Minister’s House Helped Protesters to Win Justice: Prabowo Fires Finance Minister in Wake of Indonesia Protests
Brazil Braces for Fallout from Bolsonaro Trial by corrupted judge
The Country That Got Too Rich? Public Spending Dominates Norway Election
Nearly 40 Years Later: Nike Changes the Legendary Slogan Just Do It
Generations Born After 1939 Unlikely to Reach Age One Hundred, New Study Finds
End to a four-year manhunt in New Zealand: the father who abducted his children to the forests was killed, the three siblings were found
Germany Suspends Debt Rules, Funnels €500 Billion Toward Military and Proxy War Strategy
EU Prepares for War
BMW Eyes Growth in China with New All‑Electric Neue Klasse Lineup
Trump Threatens Retaliatory Tariffs After EU Imposes €2.95 Billion Fine on Google
Tesla Board Proposes Unprecedented One-Trillion-Dollar Performance Package for Elon Musk
US Justice Department Launches Criminal Mortgage-Fraud Probe into Federal Reserve Governor Lisa Cook
Escalating Drug Trafficking and Violence in Latin America: A Growing Crisis
US and Taiwanese Defence Officials Held Secret Talks in Alaska
Report: Secret SEAL Team 6 Mission in North Korea Ordered by Trump in 2019 Ended in Failure
×