Courts could empty public galleries to make it less traumatic for rape victims to give evidence

Public galleries should be cleared when victims are giving evidence in rape trials in a bid to improve conviction rates, the Director of Public Prosecutions has suggested.

Max Hill QC said removing onlookers from the courtroom, including supporters of the defendant, would reduce the trauma suffered by victims and could help them give better evidence.

A large number of rape victims either do not report offences or withdraw from the justice system, because they find the process too upsetting.

While screens can be erected in court to shield them from their alleged attacker, victims will still be aware of their presence and usually have to give evidence in front of onlookers in the public gallery.

One rape victim said: “The experience was traumatising. I could see the public gallery and the friends of the perpetrator glared at me whilst I provided my evidence.”

Mr Hill urged lawyers and judges to make more use of existing powers to clear the court when a victim enters the witness box.

The measure, which is contained in section 25 of the Youth Justice and Criminal Evidence Act 1999, is available regardless of whether the witness chooses to enter the courtroom to give evidence or does it entirely by video link. However, research has revealed that the measure is almost never used.

In a speech delivered to the National Criminal Justice Conference in Manchester, Mr Hill said removing the friends, family and supporters of the defendant from the public gallery would “go some small way to making the process easier for survivors”.

He said it would allow them to give their best evidence and ensure the prosecution could present the best case possible.

Prosecutors ‘taking action’ on low conviction rates

Less than one per cent of reported rapes in England and Wales resulted in a conviction in 2019-20 and prosecutors have launched a major drive aimed at improving the figure.

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