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Children and Cross-Examination - Time to Change the Rules? (Paperback, New)
Loot Price: R1,960
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Children and Cross-Examination - Time to Change the Rules? (Paperback, New)
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In 2009 in the UK, Stephen Barker was convicted of rape on the
evidence of a little girl who was four and a half years old at the
time of Barker's trial, and about three and a half when she was
first interviewed by the police. The high point of the proceedings
was the child's appearance as a live witness in order for Barker's
counsel to attempt a cross-examination. This case focused attention
on the need - as imposed by current English law - for even tiny
children to come to court for a live cross-examination. In 1989,
the Pigot Committee proposed a scheme under which the whole of a
young child's evidence - cross-examination and all - would be
obtained out of court and in advance of trial. In 1999, a provision
designed to give effect to this was included in the Youth Justice
and Criminal Evidence Act, but it has not yet been brought into
force. The full Pigot proposal was implemented, however, in Western
Australia, and similar schemes now operate in a number of European
jurisdictions. This book of essays examines a number of these
schemes, and argues the case for further reforms in the UK. It will
be an important study for both academics and practitioners
interested in the criminal justice system, and it will also appeal
to those interested in the role of children in court more
generally.
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