Is there an agreed form of undertaking in relation to keeping evidence from child witnesses secure?
I am acting for a defendant who is charged with a sexual offence involving a child complainant. Before they provide me with disclosure, which includes a copy of a DVD of the child’s statement to the police, the Crown Prosecution Service has asked me to sign an undertaking that I will ensure that it is kept in a secure container, and that I will not release the DVD recording to my client. I am prepared to sign such an undertaking, but wonder whether the Law Society has an agreed form that the undertaking should take? There is an agreed form of undertaking, which forms part of Rule 11 of the Solicitors’ Code of Conduct 2007 which relates to litigation and advocacy. This was agreed by the CPS and the Law Society many years ago. Rule 11.08 relates to undertakings regarding a recording of a child witness’ evidence. It may be that the undertaking you give could be in the same form as that appears in the Rules. As with any undertaking, before giving it you must ensure that you will be able to
