Children's charities urge court reform

The Scottish Executive is to look at ways of protecting child witnesses

Children's charities have been stepping up calls for a change to the way child witnesses are dealt with by the Scottish courts.

The move follows the abandonment of the trial at the High Court in Edinburgh of six men accused of child sexual abuse after one of the children broke down while giving evidence.

The men, who had denied the charges, said they did not have the opportunity to clear their names.

The Scottish Executive said it was planning to look at ways of further protecting vulnerable witnesses, particularly children, who are giving evidence in court.

The trial was at the High Court in Edinburgh

The children involved in the case, an 11-year-old girl and boy aged eight, gave their evidence via a CCTV link.

The girl gave evidence for 10 days and was cross examined by lawyers for all six men but the boy broke down under questioning.

He was examined by a child psychologist and as a result of medical advice the Crown abandoned all charges.

Children's charities said if the courts want the best possible evidence from children then there have to be reforms of the system.

Alison Murphy, director of children's services with ChildLine, said many young witnesses found their experience in court "terrifying".

Intimate experiences

"Many children who ring ChildLine tell us that the experience of giving evidence in court, even through the video link, can actually be as painful and traumatic for them as the abuse that they have suffered."

She said, that while there have been improvements, there was still more to be done.

"They can give evidence through a video link but they still need to be cross examined during the court process and have to recount painful, often very intimate details about difficult experiences that they have had, in front of strangers."

Ian Turner, assistant director of Children First, said he welcomed the Scottish Executive's decision to consult on this problem.

Many children who ring ChildLine tell us that the experience of giving evidence in court, even through the video link, can actually be as painful and traumatic for them as the abuse that they have suffered.

Alison Murphy

He said: "We are concerned about the number of times children have to recount very traumatic events that have happened to them, the length of time that can occur between this abuse happening and the case coming to court, and also the way some of the cross-examination is conducted."

In the United States, evidence from children in such cases is video-taped and presented to the court.

But sparing the ordeal of cross examination should not be adopted in Scotland, according to the leading lawyer and MSP Gordon Jackson.

He said: "We have taken wigs off. We have allowed witnesses to be in separate rooms, seated, with someone beside them, on a video link. We are very careful how we ask children questions.

Legal profession

"We would want to find out everything we could do to make things easier for witnesses. On the other hand, we have someone in the dock charged with a very serious offence and, somehow or other, they have to be able to test that evidence."

Alison Clelland, from the Scottish Child Law Centre, said a child psychologist could be used to help the legal profession understand the problems of dealing with child witnesses.

She said: "It is, perhaps, time for lawyers to think about asking child psychologists what effect it is going to have on a child, to make it slightly better."

The Scottish Executive said it would look at ways of further protecting vulnerable witnesses, particularly children, who are giving evidence in court.

The proposals are to go out to public consultation by the end of the year and may look at expanding measures such as using CCTV to allow children to give evidence and bringing in a go-between to ask child witnesses questions.

An executive spokeswoman said: "We are looking at strengthening protection for vulnerable witnesses and hope to issue proposals for consultation later this year."