Process evaluation of Section 28: Evaluating the use of pre-recorded cross-examination for intimidated witnesses
This report provides findings from a process evaluation of the implementation of Section 28 for intimidated witnesses, including survivors of rape and modern slavery.
Applies to England and Wales
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Section 28 (s.28) of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 allows eligible witnesses to pre-record their cross-examination or re-examination before the trial. It is intended that the s.28 recording can be presented during the trial without the witness needing to attend and experience fear or distress about testifying.
In 2019, piloting of s.28 for the s.17(4) intimidated cohort began which included survivors of rape and modern slavery. National roll-out concluded in 2022.
In the 2021 Rape Review Action Plan, the government made a commitment to evaluate the use of s.28 for the s.17(4) intimidated cohort.
This process evaluation was conducted to help understand whether the s.28 provision for s.17(4) intimidated witnesses worked as intended and to highlight what parts of the process were working well and whether any improvements were required. The research comprised 2 elements: interviews with criminal justice practitioners and interviews with intimidated witnesses.