In English law if a witness requests that they give evidence behind screens can the defendant contest it?

Answer 1

Unless the witness is a child, and then only a small child. their testimony might be taken in another room!
If the witness is an adult they have to testify in court! The defendant has the right to face his accuser!
That is in America, I don't know if it is the same in England! Sorry

Answer 2

The Defendant can most certainly contest it, but ultimately it'll be up to the judge. Even if the Defendant doesn't object, the judge still won't order it without a good reason. The idea is that the judge / jury should be able to see you give your evidence so they can try to tell if you're telling the truth.

Answer 3

Yes of course. There has to be a compelling reason for a witness to give evidence out of sight of the general public. The Judge will rule on any application that is made by the defence.

Answer 4

Depends on the circumstances really - in most cases if the witness is a child, then it would be uncontestable.

Talk to the Clerk of the Court - he can point you in the right direction and give you advice.

Answer 5

If its considered necessary for the court to allow the witness a screen its not possible to have the decision put aside~~

Answer 6

When making an application to take such measures the judge will already have taken all vital factors into account - it is very unlikely that such an appeal would succeed on this basis.

Answer 7

They can. Screens (or Special Measures as they are known) are only for those victims or witnesses who are vulnerable, for instance children or the vicitms of sexual assault, or those who genuinely fear reprissals. If you are neither of these, you will not be able to apply for these measures