More Minor "Special Measures" (Screens, Evidence In Private, Intermediaries)

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What does Richard say about the possible infringement of art.6 by s.25?
No infringement - as press + public are excluded in certain circumstances only
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Who said that intermediaries are very helpful?
P and W
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In whose discretion is it on whether to seek the appointment of an intermediary?
The court's discretion (Cox)
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Where was a screen used?
Steinhoff
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What happened in Steinhoff?
V was shielded in a way that only 1 counsel could see her - breach of s.23(2) but not a 'substantial miscarriage of justice'
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What did the dissenting judges hold?
Very important that all parties can view witnesses, just because D counsel didn't object isn't a reason to justify an unfair trial
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What did Baroness Hale say in Steinhoff?
Face to face confrontation isn't required for a fair trial, demeanour during cross-examination is most important, not right to retry case as original judges were better-placed to assess credibility/demeanour of witnesses
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Other cards in this set

Card 2

Front

Who said that intermediaries are very helpful?

Back

P and W

Card 3

Front

In whose discretion is it on whether to seek the appointment of an intermediary?

Back

Preview of the front of card 3

Card 4

Front

Where was a screen used?

Back

Preview of the front of card 4

Card 5

Front

What happened in Steinhoff?

Back

Preview of the front of card 5
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