NCJ Number
132251
Journal
Howard Journal of Criminal Justice Volume: 30 Issue: 3 Dated: (August 1991) Pages: 177-191
Date Published
1991
Length
15 pages
Annotation
British laws of evidence have traditionally dealt very cautiously with children's testimony. However, recent psychological research, indicating that children are not necessarily incompetent witnesses, contributed to statutory changes embodied in the 1988 and 1990 Criminal Justice Acts.
Abstract
The 1988 Act established a system of live video links designed to reduce the trauma of testifying in court for children. Conflicting arguments regarding the validity of such testimony prompted the British Home Office to commission experimental and observational research into the issue. The Pigot Report recommended a series of reforms that would enhance the chances of a child's testimony receiving fair hearing in the British legal system. Some of these recommendations, including the assumption that all children are competent witnesses unless proven otherwise and the abolition of the requirement that children testify at committal hearings, were incorporated into the 1990 Act. However, other key proposals, which recommended abolishing open court cross- examination of children, have not yet been legislated. At least two outstanding issues remain in this area: reviewing the form of the preliminary enquiry and developing interviewing procedures for child witnesses which elicit the necessary information in accordance with the rules of evidence. 1 note and 40 references (Author abstract modified)