Please speak up, we cannot hear you. And by the way, before we are ready to listen to your evidence you may have to wait for months, if not years, despite your youth. We shall regard you as incompetent to testify if you are under the age of eight.1 We shall ask you to say your piece before the gaze of the person who caused you pain. And furthermore we will not believe you unless there is another independent piece of evidence which supports what you say.2
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References
1.
R v Wallwork1958 42 CAR 153 followed in R v Wright & Ormerod1987 (unreported)
2.
Criminal Justice Act 1988 abolishes the strict requirement in English law that the judge warn the jury of the dangers of accepting unsworn evidence and the evidence of children without corroboration, but a warning of the necessity of corroboration is still required in the case of sexual complaints.
3.
KöhnkenG, ‘Psychological approaches to the assessment of the credibility of child witness statements’, paper presented to conference.
4.
StoneSheriff M, ‘Proof of fact in criminal trials’.
5.
Law of Evidence Revision (Protection of Children) Law, 5715 — 1955 (Israel).
6.
CashmoreJ, ‘Children's understanding of court proceedings', paper presented to conference.
7.
MorganJPlotnikoffJ, ‘Children as victims of crime: procedures at court’, paper presented to conference.
8.
Re H (a minor); K v K 25 May 1989, The Independent: Law Report.
9.
There are now publications available to assist in preparing children to attend court. In Scotland the booklet Going to court is designed for any child cited to attend as a witness. Enquiries about the booklet should be addressed to Crown Office at 5/7, Regent Road, Edinburgh. Also Susie and the wise hedgehog go to court by Madge Bray is available from Bookpoint Ltd, 39 Milton Park, Abingdon, Oxon.
