Jenny McEwan

Proving Consent in Sexual Cases: Legislative Change and Cultural Evolution

In England and Wales, the Sexual Offences Act 2003 has redefined crimes of serious sexual assault and introduced evidential presumptions in relation to consent. At the same time, the Criminal Justice Act 2003 has made changes to the law of evidence that may affect sexual offence trials. Its provisions must be understood in conjunction with judicial attempts to interpret the ‘rape shield’ provided by s. 41 of the Youth Justice and Criminal Evidence Act 1999.

Evidence, Jury Trials and Witness Protection—The Auld Review of the English Criminal Courts

The publication of Auld LJs review of the English criminal courts may herald significant reform of the trial process. It is argued that recommendations to retain the jury whilst subjecting its decision-making to greater judicial control, and restricting proper research into its operation, lack a coherent foundation and may prove problematic in practice. The recommendations may enhance protection for vulnerable witnesses although proposals to increase the chances of convicting in cases of domestic violence may also create risks for victims.

The Uncertain Status of Privilege in Children Act Cases: Re L

n Re L (A Minor) (Police Investigation: Privilege) 1119963 2 All ER 78. common-law principles designed to protect the interests of potential litigants and witnesses came into collision with the very individual culture of the family court, expressed as the paramountcy of the interests of the child. The case was a difficult one, because, while to some extent appearing to recognise traditional theories of privilege and introducing some variations of its own, the Children Act 1989 itself creates a technical maze of regulation which through sheer complexity threatens to render incomprehensible the operation of privilege, both in its common-law version and that contained within the statutory framework. I t becomes an increasing problem for family court judges to unravel the various threads which become entangled in cases such as this.’