Pre-recorded rape evidence made available for victims across the country

The government announced on Monday that the ability to submit pre-recorded rape evidence during a trial – saving victims the stress and trauma of live cross-examination – is now available at every Crown Court across England and Wales.

The Ministry of Justice and HMCTS hope that the move, which will be welcomed across the board, will help boost rape convictions and ensure better support for victims.

The recording takes place as close to the time of the offence as possible, while memories remain fresh, and helps victims avoid the stress of giving evidence under full glare of a live trial setting, which many find traumatic.

From today, the measure will be available at a final 20 Crown Courts in Buckinghamshire, Cambridgeshire, East Anglia, Essex, London and the South East, and marks the completion of national rollout.

The move follows the successful implementation for vulnerable victims, such as children or those who have limited mental and physical capacity, across the country – with more than 3,000 witnesses having already benefitted from the technology since August 2020.

“We’re overhauling the entire response to rape – boosting support for victims so that more cases come to court and more rapists are put behind bars,” said Lord Chancellor and Justice Secretary Brandon Lewis. He added:

“Today we have delivered on our pledge to roll out pre-recorded evidence to every Crown Court in England and Wales, sparing victims of this awful crime the additional trauma of testifying under the full glare of a courtroom.”

This marks the latest step of the government’s Rape Review Action Plan which sets out clear actions for the police, prosecutors, and courts. These include a new approach to investigations in order to reduce the number of victims withdrawing from the process and increase the number of cases reaching court.

The measure is designed to maintain a defendant’s right to a fair trial and any decision to pre-record evidence is made by a judge on a case-by-case basis.

Jayne Butler, CEO of Rape Crisis England & Wales, said:

“We very much welcome the fact that pre-recorded evidence for intimidated witnesses and victims will now be available in all Crown Courts in England and Wales.

Pre-recorded cross-examination prior to trial, offers choice to victims and survivors, and can make seeking justice far more accessible for rape victims and survivors who often feel re-traumatised by having to go into court.

For many, attending court can be intimidating, and this measure is an important step forward in improving the experiences of survivors in the criminal justice system.

For this special measure to be a success, it is crucial that everyone working in and engaging with crown courts is aware of it, offers it as an option for survivors, and approves its use where appropriate. If implemented correctly, this measure will go some way to ensure that intimidated witnesses and victims – constituting the large majority of rape and sexual abuse survivors – have better experiences of court.”

Join nearly 1,000 other family lawyers – sign up to our newsletter