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
a. Statement Evidence	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
b. Videotaped Evidence	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
c. Video as evidence-in-chief	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

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.

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.