ChildRIGHT: In a Nutshell -- Child witnesses giving evidence in court

When could a child be asked to give evidence in a criminal court?

A child may be asked to give evidence in a criminal court if they have witnessed a crime, either as a victim or by seeing a crime perpetrated against another person. If a child or young person receives a witness summons to appear in court, they must attend as this is an order from the court. Failure to attend would be acting in contempt of court.

At what age can a child act as a witness in court?

Children of any age can give evidence in court provided that they are able to understand the questions asked of them in court and can answer in a way that can be understood by the court. There are special measures available to assist children to give evidence.

Will a child be required to give evidence under oath?

No witness under the age of 14 will give sworn evidence under oath. Witnesses aged 14 and over can give sworn evidence if they understand the seriousness of the occasion and the necessity to tell the truth.

What support is available for a child asked to give evidence in court?

There are a range of measures that can be put in place to assist a child witness in preparation for the trial. Pre-trial support is available for all witnesses from Victim Support and the Witness Service. A witness care officer may be able to arrange a pre-trial visit to the court to allow the child to familiarise himself or herself with the layout of the courtroom and where the judge and defendant will be sitting. The witness care officer will also conduct a needs assessment before the trial to ascertain whether the child will need any special help in court.

The Witness Service can also provide more practical support such as helping the witness to claim back travel expenses for travel to the court and supporting them on the day of the trial. There are a number of excellent resource packs available for child witnesses that explain the court process, making it less intimidating for children and young people.

What will happen at court?

Witnesses are not permitted to sit in court and listen to the case until after they have given their evidence in the trial. The witness will sit in a designated waiting room until he or she is required. Witnesses are asked questions by both the side that they are appearing for (this could be either the prosecution or the defence) and the opposing side's solicitor or barrister.

What special measures are available for a child giving evidence in court?

The Youth Justice and Criminal Evidence Act 1999 introduced a range of measures that can be used to aid the giving of evidence by vulnerable witnesses. These measures range from those designed to make the atmosphere less formal and intimidating to those that ensure that the witness does not have to be in the same room as the defendant. Some examples of special measures include:

• The removal of wigs and gowns to make the court setting feel less formal
• Using a screen to shield the witness from seeing the defendant
• Allowing the courtroom to be cleared of people who do not need to be present while the child gives evidence. This does not include the accused, legal representatives from the case, or any interpreter required for the case
• The use of an intermediary to help the child to understand the questions that they are being asked, and to help the child make his or her answers understood by the court
• The use of communication aids, such as an alphabet board

In addition, a child can give evidence by live link. This allows the witness to give evidence from outside of the courtroom through a televised link to the courtroom.