[PDF][PDF] Still waiting for a meeting of minds: child witnesses in the criminal and family justice systems

A Brammer, P Cooper - Criminal Law Review, 2011 - pennycooper.co.uk
A Brammer, P Cooper
Criminal Law Review, 2011pennycooper.co.uk
The approach of the courts to children as witnesses has changed dramatically in the last 25
years. In particular the advent of special measures has seen the criminal courts make
significant procedural adaptations so as to facilitate the giving of evidence by children, even
the very young. The authors describe developments in the law and practice in the criminal
courts in relation to child witnesses then compare and contrast the family justice system's
approach to child witnesses. The authors argue that, notwithstanding the Supreme Court …
The approach of the courts to children as witnesses has changed dramatically in the last 25 years. In particular the advent of special measures has seen the criminal courts make significant procedural adaptations so as to facilitate the giving of evidence by children, even the very young. The authors describe developments in the law and practice in the criminal courts in relation to child witnesses then compare and contrast the family justice system’s approach to child witnesses. The authors argue that, notwithstanding the Supreme Court judgment in Re W there is still no “meeting of minds” about how to handle the evidence of child witnesses. In the absence of a statutory regime for special measures in the family courts, family judges can and should rely on their inherent jurisdiction to order special measures for child witnesses, including intermediaries, where necessary. In addition, it is clearly time for both criminal and family lawyers to agree best practice for advocates who handle child witnesses.
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