Novel ruling as Matthew Barnes represents the prosecution in appeal against rape convictions

Matthew Barnes successfully prosecuted a rape trial in Warwick earlier in 2024, an appeal against the conviction was heard on 19^th September with Matthew again representing the prosecution.

The Court of Appeal dismissed the appeal and upheld the convictions on the basis that they were not “unsafe”, however the ruling involved an interesting and novel point of law.

The novel ruling was that a jury may be permitted to watch, for a second time after their retirement, a pre-recorded cross-examination of a witness, who will usually be a complainant in a sensitive case or a child (under what is known as the “s28” procedure).

Until this ruling, there was no caselaw authority permitting this. This new rule is subject to certain safeguards and procedural requirements as to how to answer a request by the jury to re-watch the s28 recording.