Children in court - Part 2
Key point no 3
How the child's evidence was taken
a. Method of recording the child's evidence
b. Use of video tape as evidence in chief
c. Applications for screens and CCTV
d. Provision of personal support to the child while they were giving evidence
a. Method of recording the child's evidence
Video evidence was originally introduced in order to spare children the ordeal of having to give their evidence in court.
Table: method of recording the child's evidence
a. Statement Evidence | Sexual Charges | Other Charges | ||
1994 | 1995 | 1994 | 1995 | |
Written statement made | 105 | 97 | 121 | 152 |
......read by child at court | N/Rec | 86 | N/Rec | 136 |
.....not read by child at court | N/Rec | 3 | N/Rec | 10 |
.....N/K if statement read | N/Rec | 8 | 1 | 6 |
N/K = not known N/Rec = not recorded
b. Videotaped Evidence | Sexual Charges | Other Charges | ||
1994 | 1995 | 1994 | 1995 | |
Video made by Police | 191 | 241 | 9 | 21 |
....... seen by child pre-trial | 112 | 169 | 2 | 13 |
....... not seen by child pre-trial | 57 | 29 | 5 | 5 |
....... transcript read | N/Rec | 4 | 0 | 1 |
N/K if video seen pre-trial | 22 | 39 | 2 | 2 |
c. Video as evidence-in-chief | Sexual Charges | Other Charges | ||
1994 | 1995 | 1994 | 1995 | |
(No of videos made in total) | 191 | 241 | 9 | 21 |
Video used as evidence-in-chief | 108 | 133 | 2 | 11 |
Video not used as evidence-in-chief and .............. | 72 | 97 | 5 | 10 |
a. where the child gave evidence live or ............ | 40 | 31 | 0 | 0 |
b. where the child did not give evidence at all | 32 | 61 | 5 | 10 |
Not known if video used | 11 | 5 | 2 | 0 |
d. Recording method for child's evidence not known | 18 | 21 | 9 |
- Despite the increasing use of the video tape as evidence and associated legislative changes, (Criminal Justice & Public Order Act 1994) only 49% of children made a video statement. 46% of the children made written statements.
b. Use of video tape as evidence in chief
Evidence in chief is the evidence which a witness gives in response to an examination on behalf of either the defence or prosecution barrister, depending on who called them as a witness. If a video tape is used as evidence in chief this means that the child gives their evidence by means of a video tape rather than live in court. Once evidence in chief has been completed, the witness can be cross examined on the evidence that is contained in the video.
- In 1994, 56 % of all videos were used as evidence in chief. However, 20% of videos were not accepted as evidence and the child was required to give all his/her evidence orally.
- In 1995, 56% of video tapes were used as evidence in chief in court. In that year, of the cases which came to court, 12% of the children who made video tapes were not allowed to use them and were instead required to give live evidence.
c. Applications for CCTV and Screens
The CCTV system is designed to spare child witnesses from the ordeal of appearing in the court room, while preserving the right of the defence to question the witness and giving the jury the opportunity to observe the child while they are being cross examined.
Applications for video link
- Applications for the use of CCTV remained fairly static in the period of the survey. The success of these applications remained constant at 89%.
Screens at court can be used to assist child witnesses by reducing their visibility of, and sightings by, the defendant, which may cause them undue distress.
Applications for screens
- Applications for the use of screens decreased within the research period as did the success of these applications.3
d. Provision of personal support to the child while giving evidence
Child Accompanied by ... | Total No 1994 | Total No 1995 |
Witness Service | 76 | 66 |
Parent/Guardian | 44 | 32 |
Social Worker | 8 | 2 |
Independent Adult | N/A | 2 |
Other/Not known | 19 | 33 |
Alone | 4 | 22 |
Police | 5 | 0 |
Usher | 25 | 0 |
Total no. giving evidence in court | 181 | 157 |
- The majority of children coming to court were accompanied by a parent or guardian. This figure remained fairly stable throughout the survey at 65% of all children. Only 8% of children came to court with any statutory, social work support.
- 80% of the children using CCTV to give their evidence, were denied any support other than a court usher in the CCTV link room.
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3. At the time of research the use of CCTV and screens was at the discretion of the trial judge.
Applications for the use of CCTV and screens can now be made at a Plea and Directions Hearing, which takes place before a trial. Under the Criminal Procedure and Investigations Act 1996, any decision on their use will now be binding on trial judge.
