surely the CPS must talk to witnesses (including victims) at some point?
Actually, no they don't. They prepare for trial by reading witness statements and perusing the evidence. They will also listen to taped interviews, or watch them if the interviews were also video-taped. For example, it's standard practice to film victims in child abuse cases.
There has been a limited trial undertaken (I think it was less than 100 cases) where CPS lawyers have been allowed to interview witnesses pre-trial. Unsurprisingly, the lawyers commented how little time they have to do, the lack of appropriate interview facilities, and the police have to often spend time escorting the witnesses.
Other concerns are that the CPS might be accused of 'coaching' the witness - see Kay's comment below as to how it might go. *g*
Even if some (limited) pre-trial interviews are allowed in future the CPS won't be running around town independently investigating. It's pretty difficult to do when you're spending 4 out of 5 days a week in court and spending your sole day in the office desperately catching up on paperwork, preparing your cases, deciding whether to proceed etc. That old resources problem again.
Which is why the decision that seems to have been taken to have the CPS lawyers in Law & Order UK to do this is just... Wrong.
I will give the first episode a go, but I know there's going to be a fair amount of wincing going on.
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Date: 21 February 2009 19:16 (UTC)Actually, no they don't. They prepare for trial by reading witness statements and perusing the evidence. They will also listen to taped interviews, or watch them if the interviews were also video-taped. For example, it's standard practice to film victims in child abuse cases.
There has been a limited trial undertaken (I think it was less than 100 cases) where CPS lawyers have been allowed to interview witnesses pre-trial. Unsurprisingly, the lawyers commented how little time they have to do, the lack of appropriate interview facilities, and the police have to often spend time escorting the witnesses.
Other concerns are that the CPS might be accused of 'coaching' the witness - see Kay's comment below as to how it might go. *g*
Even if some (limited) pre-trial interviews are allowed in future the CPS won't be running around town independently investigating. It's pretty difficult to do when you're spending 4 out of 5 days a week in court and spending your sole day in the office desperately catching up on paperwork, preparing your cases, deciding whether to proceed etc. That old resources problem again.
Which is why the decision that seems to have been taken to have the CPS lawyers in Law & Order UK to do this is just... Wrong.
I will give the first episode a go, but I know there's going to be a fair amount of wincing going on.