Children And Cross Examination

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Children's Testimony offers a comprehensive and up-to-dateassessment of issues relating to children's evidence. Starting withpsychological underpinnings and child protection considerations,the reader is taken through a clearly structured and timelycollection of chapters from internationally renownedcontributors. Pointers for practitioners are clearly highlighted throughout and aunique, jargon-free glossary of psychological terms encountered inchild witness research is included making this a highly practicaltext. * An accessible review of existing knowledge and preview of new andrecent developments in psychological research and forensicpractice * An outstanding group of international contributors * Offers a broad scope that considers all the key areas of researchand practice

The experience of the child victim as a courtroom witness in sexual abuse cases is examined in this study of a testing program involving 30 children aged 6 to 15. The purpose of the study was to identify needs not recognized by courts that can be responded to, denied, or exacerbated through language. Based on court transcripts, differences were studied between the language repertoire of the child and that demanded by the courtroom. Court-related language features are identified and discussed: use of negative; juxtaposition; nominalization; multifaceted questions; unclear or confused expressions; specific and difficult vocabulary; unclear anaphora; use of police statements; quoting of the child's words; quoting of other people's words; repetition of previous response; time, space and location questions; and embeddings. Results of the testing program indicate that certain types of questions posed problems for the child trying to hear language. It is suggested that court appearance is not necessarily traumatizing for a child, but becomes so when a child cannot feel sure that he or she is heard, understood, and believed. Suggestions for improved questioning are offered. An annotated bibliography is included that contains 66 references. (LB)

In 1989, the Pigot Committee proposed a scheme in which the whole of a young child's evidence, cross-examination and all, would be obtained out of court and in advance of trial. The scheme has been implemented in full in Western Australia, but not in the UK. These essays examine this, and similar schemes, and argue for further reforms in the UK.

This is an account of the civil and criminal rules affecting children in England, Scotland and Northern Ireland reviewing them in the light of the findings of psychologists and social scientists and makes proposals for reform. There have been many important developments which include hearsay evidence which has become freely available in civil proceedings involving children in both England and Scotland; videotapes of earlier interviews which have become admissible in criminal proceedings in England; in Scotland the law has been changed to allow the whole of a child's evidence in a criminal case to be taken ahead of trial on commission; there has been a wave of popular concern about "ritual abuse" and among psychologists there is increasing concern about both "repressed" and "implanted" memories.