Eloise Emanuel appeared at Newcastle Crown Court before HHJ Moreland as sole Counsel to represent the Defendant, a teenager, at trial. The allegation was one of rape, in which it was alleged the Defendant, then 16, had taken the child to an isolated wood and violently raped them.
The Defendant had significant mental health difficulties, and a full-scale IQ score of 75 in the Borderline range, placing him in the 5th percentile meaning, in real terms, that 95% of people taking the same IQ assessment would have scored better than him.
Given the age of the child Complainant, and the nature of the allegation, the Court directed the use of Special Measures. For all child witnesses (but not child defendants), there is a presumption that they will give their evidence in chief by video recorded interview, and in this case, section 28 of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 was also directed, to allow the Complainant to pre-record their cross-examination before the trial, so that the s. 28 recording was presented during trial without the child needing to attend.
Despite his young age, the young age of the Complainant, and the seriousness of the allegation, delays in the criminal justice system meant the Defendant had had to wait 3 years for his case to be heard.
Following a 4 day trial, the jury returned a majority verdict of Not Guilty and the Defendant was acquitted.
Representing young people facing very serious criminal charges requires specialist representation, not least to assist children and their families navigate this challenging and sensitive area of law.
Eloise was instructed by Andy Malik of DJMS Solicitors.
Eloise Emanuel