At a glance
• London Victims’ Commissioner Claire Waxman wants witnesses in criminal trials to receive practical coaching on coping with cross-examination
• The courts system is beset with chronic delays, causing victims and witnesses to consider dropping out of the justice process due to the emotional strain
• Campaigners are also pushing for improvements to the Victims’ Right to Review process
Witnesses in criminal trials should be coached on coping with tough cross-examination to improve evidence placed before a jury, London’s Victims’ Commissioner has said.
Claire Waxman has set out a series of recommendations aimed at protecting witnesses during the criminal process and deterring them from dropping out.
Her report comes as criminal trials are set to be listed as far away as 2030, with victims, witnesses, and defendants locked into a justice process that takes years to conclude.
The justice crisis has raised fears that crimes are not being reported, and there is evidence of rising numbers of cases collapsing because key witnesses pull out during the lengthy delays.
Ms Waxman, who is currently London’s Victims Commissioner and takes up the role of Victims’ Commissioner for England and Wales in January, is recommending training sessions of witnesses on the experience of being cross-examined.
Witnesses in criminal cases can already visit the court ahead of the trial, to familiarise themselves with the building and environment.
Ms Waxman says the preparation should go further, delivering a “dedicated session focused on in-depth support for giving evidence” for witnesses who are vulnerable or could be intimidated by the trial process.
The sessions would not cover the actual evidence in the trial, but would instead involve questions on a neutral topic such as a visit to the cinema.
It would, says Ms Waxman, help to “demystifying the cross-examination process” with training on skills such as when to ask for a break, answering questions clearly and loudly enough, and coping under pressure.
“For too many victims, the experience of attending court remains daunting, with limited support in preparing for trial which, coupled with the long waiting time due to the backlogs, is often an emotionally exhausting and traumatising experience”, the report concludes.
“If we want victims to stay engaged in the criminal justice system, give their best evidence, and ultimately see justice delivered, we must make their needs a central focus.”
The report added that the sessions should be open to defence witnesses as well as those supporting the prosecution case.
The recommendations, which are partly drawn from observing justice systems in other countries including the Witness Preparation Programme in Quebec, also include new online resources for witnesses, an expansion of remote centres where evidence can be given in trials over videolinks, away from the physical court arena, and an offer for alleged victims to see the transcript of their police interview ahead of them being questioned by a barrister, rather than having to watch the video itself which could be traumatic.
Nigel Gould-Davies, a former British Ambassador, fell victim to a stalking campaign, and told The Standard of his struggles with the cross-examination process during the trial.
He said he was - at times - exasperated by questioning from the defence barrister which appeared to be aimed at undermining his integrity and reliability, rather than seeking the truth.
“I’m someone in a public setting and reasonably confident”, he said. “I have a way with words and use them a great deal in my work. I’m not especially intimidated by well-spoken people.
“But it’s easy to imagine a witness of whom those things are not true being tangled up, confused, intimidated, and lose their presence of mind.”
He said he was able to challenge the defence barrister who he saw as “setting traps”, but backed the idea of extra support for witnesses who might be taken by surprise by the tactics of legal professionals.
Violet, who endured five years of delays in criminal justice after reporting four men to the police for rape, said she was “unprepared for how explicit the barristers were towards me”, as well as “being actively triggered on the stand and provoked by the barristers”.
She found it traumatic looking at pieces of evidence, and told The Standard she was “under-prepared for the process”.
“With some degree of creativity, we could work together to try and find a way of helping me to tell the story more effectively on the stand”, she said.
“Because you are not given a legal advocate, that means survivors don’t have the adequate support to ask for these simple things.”
Violet had to go through the Victims’ Right to Review (VRR) process when police at first dropped the investigation, after a series of blunders with the evidence.
A separate campaign is also underway to push for improvements to the VRR scheme.
The Crown Prosecution Service is currently piloting a scheme which would allow complainants in rape and serious sexual violence cases to be told in advance if the case is being dropped, so that they can consider a VRR bid and are not taken by surprise and traumatised by the news coming after a formal court hearing.
Jade Blue McCrossen-Nethercott is one of the people leading the campaign. She made an allegation of rape in 2017, reporting that she had been attacked while asleep.
The case was dropped ahead of a trial, and Jade was denied a proper chance to contest that decision. She later received a CPS apology and £35,000 in compensation for the way the case was handled.
“Without the VRR, I’d never have had any independent scrutiny”, she said. “The CPS later admitted my case should’ve gone to trial - but because they dropped it before review, there was nothing I could do.”
The campaign is for the CPS pilot to be made permanent and nationwide, making it mandatory that victims are notified in advance if their case is about to be dropped and giving them a ten-day window to consider bringing a challenge.
The review would also be taken by a separate prosecutor before a final decision is reached.
