NCJ Number
197004
Date Published
December 2000
Length
548 pages
Annotation
In this report from the Queensland Australia Law Reform Commission, the capacity of the judicial system to properly receive the evidence of children is reviewed.
Abstract
This work is part two of a report from the Queensland Australia Law Reform Commission documenting the ability of Queensland’s judicial system to properly receive the evidence of children. After introducing this report as one of a series of reviews, this document explains that Queensland has a history of protecting children summoned to present evidence in court. Concerned with the mental and physical well being of child witnesses, this report addresses various aspects of the Queensland court system in order to assess how the evidence of children may be properly collected, causing little harm to child witnesses. Arguing that the environment of a courtroom may be intimidating to children, the Commission recommends separate waiting areas for children, the need to exclude certain persons from the courtroom, and the need to abandon the practice of wearing robes and wigs in front of children, in the courtroom. Addressing the often considerable delay between the time that a child witnesses a crime and is asked to testify, the Commission recommends calling children as soon as a trial begins. Discussing various ways to facilitate communication with children and provide emotional support for child witnesses precedes discussions of children needing treatment for sexual abuse, prior to trial, and ways to judge the competency of child witnesses. The use of out-of-court statements, pre-recorded evidence, and televisions and screens to make court appearances easier on child witnesses is discussed in a series of chapters. Addressing preliminary hearings, committal proceedings, and the power to restrict inappropriate cross-examination, this report details ways that child witnesses can be subjected to the least intrusive courtroom measures possible. Issues of unrepresented litigants, expert and propensity evidence, and the discretion to order separate trials are discussed as ways to shield children from being exposed to sensitive and upsetting materials in the courtroom. Identification issues, allegations of persistent sexual abuse, professional education, and inappropriate use of evidentiary material are detailed to discuss ways that child witnesses can experience intense distress within the courtroom and how it can be prevented. A brief chapter evaluating legislative reform to protect child witnesses is followed by a listing of respondents to the Commission’s report.