Witness Testimony in Sexual Cases

Edited by Pamela Radcliffe, Barrister and Visiting Research Fellow, Department of Psychology, University of Portsmouth, Gisli H. Gudjonsson CBE, Professor Emeritus of Forensic Psychology, Institute of Psychiatry, Kings College London; Professor of Psychology at Reykjavik University, Anthony Heaton-Armstrong, Barrister in independent practice, and David Wolchover, Barrister in independent practice

Pamela Radcliffe was called to the Bar in 1979. Her practice has spanned both criminal (defending) and family jurisdictions, encompassing a broad range of complex and grave allegations, including serious sexual assault. Radcliffe's academic interest lies in the interface between psychology and the law, especially memory science and criminal justice issues associated with serious sexual allegations. She advocates an interdisciplinary approach towards professional legal education. Radcliffe is also interested in European justice models and comparative approaches towards the investigation and trial treatment of serious sexual crime. She is a Visiting Research Fellow with the International Centre for Research in Forensic Psychology at the University of Portsmouth. She has addressed criminal justice professionals, academics and charitable organisations on aspects of serious sexual crime and related criminal justice issues.

Gisli H Gudjonsson CBE is a Fellow of the British Psychological Society. He is a registered practitioner (clinical and forensic) with the Health Care Professions Council (HCPC). He is an Emeritus Professor of Forensic Psychology at the Institute of Psychiatry, King's College London and a Professor of Psychology at Reykjavik University. Prior to his retirement from King's College London on 1st January 2012 he was the Head of Forensic Psychology Services for the Lambeth Forensic Services and Medium Secure Unit at the South London and Maudsley NHS Trust (SLaM). He has as extensive experience as an expert witness in cases involving witness testimony and was a lay magistrate in Croydon between 1990-1999. Professor Gudjonsson has been awarded two lifetime achievement awards and was appointed CBE in 2011 for his contribution to clinical psychology. He is still active in conducting research and publishing academic papers relevant to psychology and law.

Anthony Heaton-Armstrong is a practising barrister and author of numerous published texts concerning criminal investigations and procedure and lead editor of the book's two predecessors, Analysing Witness Testimony and Witness Testimony: Psychological, Investigative and Evidential Perspectives . He has very extensive experience of acting as a defence and prosecution advocate in cases involving allegations of serious sexual assault and is on the Crown Prosecution Service panel of specialist rape prosecutors. He has served on a number of Government Committees tasked to consider improvements to the England and Wales criminal justice system and is legal editor of Medicine Science and the Law, the journal of the British Academy of Forensic Sciences. He is a trustee of the charity 'Witness Confident', and the General Council of the Bar's representative on the Forensic Science Regulator's Quality Standards Specialist Group.

David Wolchover has been a barrister in independent practice for well over forty years, specialising in criminal defence work at all levels of complexity and gravity. For over ten years he was Head of Chambers at 7 Bell Yard (now Church Court Chambers). He is the author or co-author of a number of text-books and numerous articles and papers mainly on criminal evidence and procedure, is an acknowledged expert on, among other topics, PACE, bail, visual identification procedures and certain aspects of the trial of sexual offences and has been instrumental in securing a number of legislative and procedural criminal justice reforms. His particular interest in the recording of witness statements and visual identification has led to his becoming an acknowledged expert on the "Lockerbie Bombing ", the destruction of Pan Am flight 103.

EDITORS
Pamela Radcliffe barrister and Visiting Research Fellow, Department of Psychology, University of Portsmouth
Gisli H. Gudjonsson CBE Professor Emeritus of Forensic Psychology,Institute of Psychiatry, Kings College London; Professor of Psychology at Reykjavik University
Anthony Heaton-Armstrong barrister in independent practice
David Wolchover barrister in independent practice

CONTRIBUTORS

Dr. R. Christopher Barden, scientist, psychologist, and attorney USA
Dr. Christine Bassindale, consultant forensic physician
Diane Birch, JC Smith Professor of Law, The University of Nottingham
Ray Bull, Professor of Criminal Investigation, University of Derby
Mark Castle OBE, Chief Executive Officer, Victim Support
Andrew L.-T. Choo, Professor of Law, The City Law School, City University, London
Graham Davies, Professor Emeritus of Psychology, University of Leicester
Dr. Charles C. Dike, Director of Whiting Forensic Division; Assistant Professor of Psychiatry, Law and Psychiatry Division,Yale University School of Medicine, USA
Bruce S. Durno, Justice of the Superior Court of Justice (Ontario), Canada
Sean Enright, Circuit Judge, England
Brendan Finucane, QC barrister in independent practice
Rebecca Foulkes, barrister in independent practice
Christopher C. French, Professor of Psychology, Head of the Anomalistic Psychology Research
Fiona Horlick, barrister in independent practice
Ian Hynes, Chief Executive Officer of Intersol Global
Robert Kane, barrister in independent practice, Adelaide, Australia
Reena Kapoor, Assistant Professor of Psychiatry, Law and Psychiatry Division,
Yale University School of Medicine, USA
Paul Keleher QC, barrister in independent practice
Sam King, barrister in independent practice
James Leonard, barrister in independent practice
Nevada McEvoy-Cooke, Student barrister
Dr. Becky Milne, Reader in Forensic Psychology, Institute of Criminal Justice Studies, University of Portsmouth
Dr. Jacqueline Yek-Quen Mok, Former Lead Paediatrician for Child Protection in Edinburgh
Amanda Naylor, Manager of Victim Support's Children and Young People's Service
Mary A. Newton, Independent forensic consultant
Nigel North, Consultant Clinical Psychologist and Neuropsychologist, Salisbury District Hospital, Visiting Professor at Bournemouth University
Amy J. Ohler, Barrister in independent practice, Toronto, Canada
David Ormerod QC, Law Commissioner for England and Wales, Professor of Criminal Justice, Queen Mary University of London
Dr. James Ost, Reader in Cognitive Psychology, Department of Psychology, University of Portsmouth
Dr. Gavin E. Oxburgh, Senior Lecturer in Psychology, Newcastle University
Dr. Jason Payne-James, Consultant Forensic Physician
Cleo Perry, Barrister in independent practice
Bridget Pettitt, Former researcher at Victim Support
Martin Picton, Circuit Judge, England
Dr. Mary Pillai, Consultant in Obstetrics and Gynaecology
Dr. Jean Price, Formerly Consultant Paediatrician for Southampton City Primary Care Trust
John Price QC, barrister in independent practice
Keith Rix, Consultant Forensic Psychiatrist
and Visiting Professor, University of Chester
Andrew Roberts, Senior Lecturer, Melbourne Law School, University of Melbourne, Australia
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham
Jon F. Sigurdsson, Professor of Psychology and Clinical Director at Reykjavik University and Professor, University of Iceland
Robert R. Spano, Judge of the European Court of Human Rights Professor of Law, University of Iceland
Simon B.N.Thompson, Associate Professor of Clinical Psychology and Neuropsychology, Bournemouth University
Alex Verdan QC, Barrister in independent practice
Lina Wallace, Senior Manager for Witness Services Development, Victim Support
Tony Ward, Reader in Law, University of Hull
Gerard Winter C.R.H,District Court Judge, New Zealand
Dr. Harry N.W. Wood, Consultant Clinical and Forensic Psychologist
Harry Zeitlin,Professor Emeritus, University of London

"Witness Testimony in Sexual Cases provides a wide-ranging and lucid analysis of the investigation and prosecution of sexual offenses. It is an invaluable source-book for legal practitioners, socio-legal scholars, criminology, law and psychology students ... In the light of a dramatic increase in prosecutions regarding historical sexual abuse, this book is also essential reading for prosecutors, defence lawyers and trial judges." - Dr Kevin Felstead, British False Memory Society

"This book is itself a reflection of changing attitudes on the part of investigators, medics and lawyers. The need for an inter-disciplinary approach to achieving best evidence is emphasised throughout. The editors are to be commended on gathering so many experts in their field and for marshalling their essays into a readable house style.This is a highly original book which combines evidential, investigatory and scientific perspectives. All parties engaged in this highly sensitive and difficult area of law will benefit from reading it." - Neil Corre, Barrister, Redbourne Chambers

"Understanding the difficulties faced by vulnerable and intimidated victims is essential to improving our service to them. This book will help investigators, lawyers and advocates to understand factors that can improve the quality of witness testimony in these complex cases." - Alison Saunders, Director of Public Prosecutions

"Like never before, there is a need for the conscientious practitioner in cases of a sexual nature to ensure that they are armed with the essentials of trial preparation and the practice of advocacy in this field. This work undoubtedly deserves to sit alongside Rook and Ward and the Toolkits from the Advocatesâ Gateway on the practitioner's shelf, such is its worth and weight." - Tony Cross QC, former Chairman, Criminal Bar Association

"It would be difficult to find a more lucid analysis of statutory provision and of authority which can then be applied to the working day in Crown Courts nationwide. Struggling with the intractable is suddenly less worrying - it might not be intractable at all, given the accrued wisdom scholarship and good sense these pages offer." - The Right Honourable Lady Justice Rafferty QC, Chairman of the Board of the Judicial College of England and Wales

"This book is a wonderful resource and required reading for anyone who wants to understand this important subject. It combines a wealth of valuable information from different disciplines with great practical insight." - His Honour Judge Nicholas Hilliard QC, the Recorder of London

"This is a 'must-read' book for all legal justice professionals, and experts, concerned with sexual cases. It is written in a simple, comprehensible way by leading academics, authoritative experts and senior practitioners. The diverse background of the contributing authors leads to a refreshing mix of styles, akin to attending a conference with a variety of speakers. Witness Testimony in Sexual Cases identifies and achieves the difficult task of bridging the knowledge gap that sometimes exists between the law and science in courts, especially in relation to the psychological sciences. The short chapters make the messages contained within them very easy to absorb. The international comparative perspective provides a stimulating and added dynamic to the text. This book will be an invaluable resource for every lawyer and justice professional, whether in the family, criminal or regulatory arena." - Leslie Cuthbert, Vice-Chair of the Solicitors Association of Higher Court Advocates

"The investigation and prosecution of sexual offences presents a unique challenge for all those involved in the criminal justice system including police officers, lawyers and juries. This book provides very useful guidance and advice to those practitioners who wrestle daily with the complexities of understanding and explaining context around issues such as memory recall and managing the vulnerabilities of witnesses, and then navigating them through what can be a harrowing process. Additionally, for leaders and policy makers alike, it raises important challenges for our continued efforts to develop a system that provides the support, and, more importantly, the justice that victims deserve." - Assistant Commissioner Martin Hewitt QPM, National Policing Lead for Adult Sexual Offences