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CBA’s Submission for S.28 Protocols
In the CBA’s Monday message of 27 November 2017, Angela Rafferty QC, explained that in relation to section 28 protocols, there is real concern about the process of disclosing pre-drafted cross-examination questions to the Prosecution. The CBA’s working group has prepared a submission and will be taking it to all implementation judges. The CBA argues that there should be no reason to depart from the normal vulnerable witness practice that the Judge, in appropriate cases, will see the written questions and deal with them with the assistance of the intermediary. There is no reason therefore to disclose them to the Prosecution in advance. In due course, the CBA will publish a paper on this issue.
