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GUIDANCE ON INTERVIEWING CHILD WITNESSES IN SCOTLAND - Supporting Child Witnesses Guidance Pack
Footnotes
1 Generally, in the context of this guidance, 'very young children' refers to pre-schoolers (i.e. up to 5 years of age), 'young children' to those of primary school age (i.e. up to 11 years of age), and 'older children' to young persons of secondary school age (i.e. over 11 years of age).
2 As well as children under 16 years of age, Scotland's current legal definition of vulnerable witnesses encompasses: an adult who is subject to a mental health court order; or an adult with significant impairment of intelligence and social functioning. The Vulnerable Witnesses (Scotland) Bill introduced to Parliament on 23 June 2003, aims to widen this definition, for example to include people who have a mental disorder and creating a discretionary category to cover witnesses whose evidence may be diminished due to fear or distress. Further information about this Bill can be found on the Scottish Executive webpages: www.scotland.gov.uk/vitalvoices
3 A biased interviewer is one who holds prior beliefs about the occurrence or non-occurrence of certain events. Consequently this may shape the interviewer's line of enquiry such that they obtain statements from witnesses that are consistent with prior beliefs (for example, see White, Leichtman & Ceci, 1997). Biased interviews are not just restricted to professionals who interview children but can include parents, teachers and others.
4 Research (see Cashmore, 2002 for a review) suggests that there are many advantages to electronic recording. It increases the chances of an accurate and complete statement by providing a verbatim account of questions and answers. This is especially important given the fact that children's language is so dependent on the questioning context. It can also be used to refresh the child's memory for events that occurred some time earlier. Finally, a video-recording provides information on the quality of the investigative interview.
5 The Vulnerable Witnesses (Scotland) Bill provides that a recorded interview can be the evidence in chief of a vulnerable witness without the need for that witness to adopt the statement. The witness would still require to be cross-examined. In terms of the Bill all child witnesses (aged under 16) are considered vulnerable witnesses.
6 The Scottish Executive has examined the issue of competency and truth telling, particularly as it pertains to vulnerable witnesses. The Vulnerable Witnesses (Scotland) Bill provides for the abolition of the competence test.
7 If the child has not disclosed any information regarding the alleged incident, either spontaneously or after prompting (using the recommended prompts and facilitators), interviewers should jointly consider whether to continue the interview further. Decisions made at the planning phase should be referred back to. The child may not be ready to speak yet, but it may also be the case that no actual incident has taken place. If, in the light of information obtained (or not) during the interview and the strength of the original referral, the interviewers decide it is in the best interests of the child and justice to terminate the interview here, they should then proceed to the Closure Phase.
8 The Scottish Executive published a draft Code of Practice on the Provision of Therapy to Child Witnesses prior to Criminal Trials and Children's Hearings Court Proceedings as part of the Child Witness Support Consultation Document 2002. A final Code of Practice will be published, and in the mean time child protection practitioners might wish to refer to that draft or consult the guidance produced by the Home Office, Provision of Therapy for Child Witnesses Prior to a Criminal Trial: Practical Guidance (2001).
9 Contact a Family, 209-211 City Road, London EC1V 1JN. Telephone 020 7608 8700.
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