The scales of justice.

A change of court procedure may please many and concern others. It is proposed that judges have the discretion to disallow the cross examination of victims when giving evidence in rape and other sexual assault cases.
The move is aimed at curbing the practice of counsel harassing and humiliating victims by asking for minute detail in open court and constantly interrupting the evidence flow.
Under the new rules victims evidence would be given in " narrative " form without interruption.

The intent is commendable. Children who have suffered sexual assault and women seeking justice in rape cases have in the past been subjected to ordeals in the witness box by barristers who have mastered the art of using innuendo to add " spin " during cross examination.
In most cases it is not a fair contest when a person with no court experience - and under extreme emotional duress - is faced with a professional debater whose job is to convince the jury that the story is untruthful.

Sometimes efforts to offer protection tilt the scales of justice . The accused in any matter before a court is entitled to the notion of " innocent until proved guilty " - and one of the tenets of law is the ability to question the evidence presented to prove that guilt.

It is not unknown for false charges of a malicious nature to be levelled. It will depend on how judges interpret their new powers as to whether this law change is reasonable or not.
There should be no objection to a witness giving evidence in narrative style, uninterrupted - provided that at the conclusion the defence is entitled to confront that evidence and subject it to examination.
Should there be no questions allowed the victim's evidence could form a statement of fact in the minds of jurors - and run the risk of the accused being falsely convicted.

Justice is a two way street. The lawmakers must be diligent in ensuring that the protection of the innocent does not imbalance the rights of the accused.
In this instance, that will depend on how the judiciary use their new powers !