The principle that the interests of the child are paramount, which is enshrined in the Children Act 1989, should underpin all our legislation, policy making and attitudes to children. I therefore welcome the strengthening of the role of the Children’s Commissioner by giving a statutory remit to promote and protect children’s rights. It is crucial that this strengthened mandate is underpinned by sufficient resources.
The Children’s Commissioner’s recent report exposed the extent of child sexual exploitation in this country. I had hoped that the Bill would contain some provision further to support child witnesses in court. I will take a couple of minutes to explain why, giving an example that shocked me deeply—that of a young girl who was the alleged victim of anal rape before the age of three. The girl was interviewed on video six months after the initial disclosure. Aged four, she was brought to court for a live cross-examination via video link about the matters described in the video a year earlier.
To get to court on time, the girl had to be woken at 6 o’clock. However, when she arrived, the court was not ready for her and, after waiting all day, she was sent home. The cross-examination took place the following afternoon, with difficult-to-follow questioning, including the use of double negatives. The prosecution did not apply for a registered intermediary. During cross-examination no one except the judge intervened to ask if the child needed a break. How can this happen in the name of justice in our courts?
The Youth Justice and Criminal Evidence Act 1999 introduced the use of a wide range of special measures for vulnerable witnesses. The use of special measures is important as children do not approach communication in the same way as adults. NSPCC recent research showed that only 2% of young witnesses receive support from registered intermediaries, and also that at least half of young witnesses reported being unable to understand some of the questions that they were asked in court. I agree with the NSPCC that children who have been the victim of abuse should always be supported by a registered intermediary, as they have been shown to improve the administration of justice, ensuring that questioning and cross-examination practice maximises the quality of victim evidence. Furthermore and very importantly, the court experience for the child is less traumatic.
Obstacles to implementing section 28 of the 1999 Act must be overcome as rapidly as possible. Governments have been delaying for practical reasons the implementation of the special measures provision, which would allow a young child’s evidence, including cross-examination, to be obtained out of court and in advance of a trial. This would reduce delays in the start of trials and in the presentation of evidence at trial, a cause of great distress to child witnesses.