No prosecutor turned up for a hearing in a serious sexual assault case – almost six months after the same trial had to be adjourned as there was no barrister available to prosecute it.

Defence barrister Julian Lynch said it was ‘particularly disappointing’ that no barrister was present for the Crown Prosecution Service this week, given his client’s trial had previously been delayed due to the lack of prosecution counsel.

The case was before Judge Michael Gledhill KC on Monday (March 6) for a ‘ground rules hearing’ to set questions to be asked of the alleged victim in a video-recorded cross-examination.

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The process of pre-recording a vulnerable or child witness’s evidence in sexual assault or sensitive cases was introduced in 2020.

It was intended to reduce the stress of the trial process, as witnesses can give their evidence without a jury present. With significant delays in the criminal justice system, it also means witnesses are able to give their evidence months before a trial in some cases.

Judge Gledhill said the court had received an email from the trial barrister’s clerks, saying the prosecutor was tied up in a trial in the West Midlands and that they had struggled to find a suitably-qualified barrister to step-in at the last minute.

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He told the CPS paralegal in court on Monday: “Can you please pass on my great disquiet that in this serious, sensitive case there is no prosecution counsel here and it was specifically arranged, this hearing, so both counsel could be here.”

The trial will take place in the summer. Reporting restrictions prevent us from naming the defendant.