Criminology Research Council grant ; (26/88)
Concern about the difficulties faced by child witnesses in the legal system has led to two major areas of legal reform. These are the removal or reduction of formal barriers to children's testimony in the form of competence and physical facilities to reduce the emotional pressures of testifying This study examined judges' and magistrates' concerns about child witnesses, their perceptions of the competence of children to give evidence and of the acceptability and need for special procedures to facilitate children's testimony.
Fifty magistrates and judges in New South Wales were asked via interview or questionnaire about their beliefs, concerns and practices related to child witnesses. Magistrates tended to be more positive than judges about the benefits of testifying, more sensitive to the children's difficulty in confronting the accused, and more accepting of various special provisions. Similarly, judicial officers with more experience with child witnesses tended to be more child-focussed than those with less experience.
These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.