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GUIDANCE ON THE QUESTIONING OF CHILDREN IN COURT - Supporting Child Witnesses Guidance Pack
FOREWORDS
Foreword by the Deputy Minister for Justice
The Scottish Executive is committed to modernising the justice system so that victims and witnesses find a system which meets their needs. Child witnesses and victims are especially vulnerable. The whole legal process from the start of an investigation to giving evidence in court can make an already traumatic experience even more upsetting and stressful. We want to increase support and improve standards for child witnesses to help them participate in the legal process and give their best evidence.
This Guidance on Questioning Children in Court is the second in a series of guidance documents on Child Witness Support. It was developed in response to the Lord Advocate's Working Group on Child Witness Support which made 16 recommendations to improve support for children and enhance practice in relation to child witnesses. This guidance focuses on summarising good standards of practice with regard to questioning young witnesses in court and covers all proceedings in which a child gives evidence.
We published a consultation document on Child Witness Support in October 2002. The document included proposals for the provision of support services for young witnesses and draft guidance on a whole range of stages and procedures which a child witness might encounter. This included draft guidance on Questioning Children in Court developed by a sub-group of partners involved with children and with the justice system. Of 75 responses received, 38 made specific comments on this draft guidance. Three main issues raised by consultees have been incorporated including: clarification as to who is responsible for intervening to disallow inappropriate questioning; the need for certain wording in the guidance to be further defined; and, extending the proceedings which would be covered by the guidance.
This series of documents is complemented and strengthened by the Vulnerable Witnesses (Scotland) Bill which was introduced in June 2003. This will allow further assistance and protection to be given to child witnesses enabling them to give their best evidence. However, child witness reform is part of wider reform of the justice system. We have a White Paper with proposals for implementing reform of the High Court of Justiciary and a review of summary justice ongoing, all contributing to key improvements in efficiency to the benefit of child witnesses. This guidance therefore relates to a wide range of initiatives and legislation which will improve and increase the support for child witnesses.
In "A Partnership for a Better Scotland" we said that we would secure a criminal justice system that fully supports victims and witnesses. I therefore welcome this guidance and the contributions of our key partners towards this.
HUGH HENRY, MSP
Deputy Minister for Justice
Foreword by the Solicitor General for Scotland
Witnesses are fundamental to the operation of the criminal justice system. We ask a lot of our witnesses, particularly our child witnesses and it is, therefore, vital to reduce any unnecessary distress and anxiety which is caused by involvement in criminal proceedings. It is crucial that those who work with child witnesses are equipped with the special skills and understanding to enable children to give their best evidence.
Many adults find the experience of giving evidence stressful, but children are considered to be particularly vulnerable and may find this process very difficult. This vulnerability demands special consideration and skills from those who question them in court.
This guidance sets out best practice to be employed when questioning child witnesses and is intended to support the training and skills required from those who carry out this sensitive and difficult task.
ELISH ANGIOLINI, QC
Solicitor General for Scotland
Photograph courtesy of The Herald
Foreword by the Dean of the Faculty of Advocates
The giving of evidence in any proceedings, however formal or informal, is likely to be an anxious prospect and a difficult task for anyone. This is all the more so when the witness is a child. All judges, tribunal members and legal practitioners should be sensitive to the anxieties of and difficulties facing any witness. Again, this is all the more so when the witness is a child.
It was for these reasons that the Faculty of Advocates assisted in the preparation of this guidance. Much of it is equally applicable to all witnesses, but plainly special considerations can and do arise in relation to vulnerable people. The most important safeguard will always be the discretion and good sense of those participating in and those presiding over our courts and tribunals, especially since it is not possible to anticipate every problem nor to lay down rules for every circumstance. Nonetheless this guidance should be helpful to all such persons, and of course not everyone involved with child and other vulnerable witnesses will be subject to the oversight and regulation of a legal professional body. The promotion and publication of this compilation of good practice in this important area can only be beneficial to the proper administration of justice in Scotland.
COLIN CAMPBELL, QC
Dean of the Faculty of Advocates
Foreword by the President of the Law Society of Scotland
The Law Society of Scotland has a unique role in the administration of justice in Scotland. Not only is the Society concerned with the administration of justice from the perspective of the legal profession, it is equally concerned from the viewpoint of the public, the stakeholders in the justice system whether as victims, witnesses or accused persons. The Society is therefore committed to working with others in improving and modernising the justice system as a whole.
Children have a special place in that system and it has long been recognised that they should benefit from additional support when giving evidence in court. The use of special measures, such as supporters or a live television link, goes some way to reducing the anxiety and distress experienced by some children when giving evidence. However, everyone involved in the court process must examine their role and take steps to ensure that they are following best practice when questioning child witnesses. The Guidance on Questioning Children in Court seeks to summarise best practice and provides welcome guidance on advocacy techniques on examining children effectively in an adversarial system whilst ensuring that the child is treated with sensitivity, dignity and respect.
This measure is part of a much wider programme of work designed to improve the treatment of victims and witnesses in the justice system. The Society welcomes these developments. The identification of potentially vulnerable witnesses at an early stage in the case and co-ordinated communication of that information to all involved is crucial to improving the treatment of these witnesses. Identification of vulnerable and intimidated witnesses is a practical rather than a legal issue and must be tackled through increasing awareness and sensitivity and by enhancing the knowledge and skills of everyone involved in the justice process. This guidance, together with training and other current initiatives, will improve the support which is available for child witnesses, and help them participate more effectively in the justice system.
The Society is grateful for having had the opportunity to contribute to the development of this guidance and looks forward to seeing it working in practice.
JOSEPH PLATT
President of the Law Society of Scotland
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