Discussion points include:
• The perception from media reporting is that the number of sexual offences before the criminal courts has increased. Is this perception consistent with your experience and if so what do you think are the drivers of this increase in volume?
• Are there any other reasons why these type of matters are tending to occupy an increasing amount of court time?
• What if any research has been done to analyse what factors impact on the chances of conviction in these kind of matters?
• What are the prosecution’s challenges they face in running these kind of matters?
• What factors do you believe impact upon the probability of conviction?
• What well intended things can the defence do that actually assist the prosecution?
• Why do you say lengthy cross-examination can hurt the defence case?
• Why might overly aggressive cross-examination in a sex trial cause adverse consequences later?
• You have suggested that it is smart for the defence to deny the prosecution the chance to present their witness at their best. What practical ways can this be achieved?
• What is your view about the wisdom of trying to suggest that a complainant may have a motive to lie?
• When should you call an accused to give evidence in his or her own defence?