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Child Witnesses
Children of any age can give evidence as a witness in a criminal trial if they can give ‘intelligible testimony’ that is, they can understand the questions put to them and answer questions in a way which can be understood by the court. Children under the age of 14 do not have to take the oath. For those over the age of 14 a court decides whether the evidence should be sworn or unsworn on the basis of whether the child understands the solemnity of the occasion and the particular responsibility to tell the truth.
There is a presumption that unless the court considers it unjust, the evidence of children is given by way of a video recording usually taken before the trial. Child witnesses can be cross-examined before the trial and that cross-examination can be shown to the Court. Cross-examination can also take place on the day by way of a live video link up.
It is important to note that a child witness does have a right to receive appropriate counselling and therapy prior to their giving evidence. The details of the therapy etc will need to be discussed with the prosecution.
There is a presumption that unless the court considers it unjust, the evidence of children is given by way of a video recording usually taken before the trial. Child witnesses can be cross-examined before the trial and that cross-examination can be shown to the Court. Cross-examination can also take place on the day by way of a live video link up.
It is important to note that a child witness does have a right to receive appropriate counselling and therapy prior to their giving evidence. The details of the therapy etc will need to be discussed with the prosecution.
