What is a Section 28 Hearing?
Section 28 hearings are very common in cases concerning alleged sexual abuse or domestic violence, they provide the complainant the opportunity to give their evidence before trial via a video link which is recorded, this recording is then played to the jury at the trial.
Section 28 hearings were introduced by the Youth Justice and Criminal Evidence Act 1999
and is referred to as one of many special measures afforded to vulnerable complainants. Other special measures include:
- Giving evidence via a video link
- Giving evidence behind a screen
- Removal of wigs and gowns by the barristers
- Intermediaries
- Giving evidence in private
Special measures are not automatic an application must be made by the Crown Prosecution Service which is then responded to by the defence and ultimately decided upon by the court.
If special measures are granted by way of a complainant giving their evidence via section 28 then a Ground Rules Hearing (GRH)will take place prior to the complainant giving their evidence, this is usually approximately one week before. In preparation for the GRH the judge will expect the defence advocate to prepare the questions that they propose to ask in advance and submit them to the Court for a decision to be made at the GRH about whether they are appropriate for the particular witness. Advocates will be expected to be familiar with the appropriate Advocates Gateway Toolkit. If there is an Intermediary they will be present at the GRH. This means that questions will be pre-planned and structured and will have been given the approval of the judge before the complainant is asked them.
What Happens At A Section 28 Hearing?
The judge will meet with the witness in the room where they will be giving their evidence from (this will not be the courtroom, but will be a room within the court building). The Crown Prosecution advocate will also have met the complainant, and in some circumstances the defence advocate will meet with the complainant too. The defendant will be present in the courtroom, and will usually be sat in the dock which is the usual place for the defendant to sit during proceedings. Questions will then be put to the complainant via a video link and this will be recorded.
What Happens After The Section 28 Hearing?
After the hearing the case will continue to trial, and your defence team will continue to prepare for this with the knowledge of the answers given by the complainant in cross examination.
What Will Happen At Trial?
At trial the section 28 hearing will be played to the jury after the ABE interview has been played. The ABE interview is what the complainant would have provided to the police during the investigation stage and will be their account of the allegations. The trial will continue as normal and the defendant, if they choose to do so, will give their evidence. Any other witnesses will be heard live at trial.
Will a Section 28 Hearing Affect My Case?
As with everything, there are advantages and disadvantages to section 28 hearings. In our view more advantages come from this method of cross examination. One of the main advantages is that the jury will not see the complainant in person, and therefore the emotion from the complainant may have less of an impact on the jury.
However, we do experience delays between s.28 hearings and the trial which can unintentionally compromise the defendant. It is well known that the courts are facing huge backlogs, and even priority cases are waiting many months sometimes years for the defendant to be given their opportunity to give evidence, some of who are facing long prison sentences if convicted.
How We Can Help You
At Eventum Legal our lawyers
deal every day with cases where section 28 hearings are required. It is important, as with any cross examination of a complainant in a case, that careful preparation is undertaken in readiness for the hearing. This means your lawyers must know your case inside out, we pride ourselves on our keen eye for detail, and leaving a no stone unturned approach. The key to a successful cross examination of a complainant is knowing your case and we can assure our client's that we invest our time in you, your case and all relevant materials so that our advocates can represent you to the highest standards.
If you have been charged with an offence, or your case is heading to trial and you want to discuss what our approach to this would be contact us today for a free no obligation discussion. You can do this via our
contact us page,
what's app (07949630143), or via phone on 0161 706 0602.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
