This article describes the changes in criminal law and procedure that the author saw take place during 50 years of practice, turning a criminal justice system in which it was… Click to show full abstract
This article describes the changes in criminal law and procedure that the author saw take place during 50 years of practice, turning a criminal justice system in which it was difficult to prosecute cases involving multiple child witnesses into one much better adapted to cases alleging sexual assault and the needs of vulnerable witnesses. The article reviews, decade by decade, the major developments in people's understanding and perception of the prevalence of physical and sexual abuse, touching on a number of high-profile events. It traces the development of the Church of England's safeguarding policy, noting how it tracks the development of secular policies. In parallel it identifies a number of significant cases of sexual abuse by clergy which were/are the subject of ‘lessons learned’ reviews. A note of caution is however sounded arising from the cases of Carl Beech and Bishop Bell, in particular the danger of not following well-established investigative procedures but jumping to judgement. The article concludes by suggesting how investigation and fact-finding might take place in the future, independent of the bishops, but under the supervision of a ‘judge’, and argues that effective risk assessments can only be based on findings of fact.
               
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