Justice Reforms Help Child Witnesses | Stuff.co.nz

Justice Reforms Help Child Witnesses Stuff.co.nz

"Under 12s will be allowed to pre-record their evidence to court or appear by video link to protect child witnesses and speed up-hearings, under new measures to be introduced next year.

Justice Minister Simon Power has just announced a package of reforms to '' dramatically improve'' how children are treated in the criminal justice system.

Under new laws, to be introduced next year, a child's evidence must be recorded within six months. A youngster could only be re-called for further questioning only when ''absolutely necessary.''

Specialist intermediaries will also be brought in to improve the questioning of complainants under 18. They will be trained in the 'cognitive development and language comprehension' of children and funded using money raised by the $50 offender levy.

Child witnesses will also be allowed to have a 'support person' present while giving evidence. Currently they have to apply to a judge for permission.

Judges must also warn juries not to draw interferences from the demeanour of children who pre-record their evidence.

"Introducing specialist intermediaries and pre-recording a child's evidence and then playing it back at trial can be an effective way of sparing the children the trauma of attending trial many months later,'' Power said.

The inquisitorial-style package of reforms will be contained in the Evidence Amendment Bill, expected to be introduced into Parliament next year.

Power said the reforms were shaped by an Auckland University of Technology report on child witnesses, and a visit to Germany and Austria last year to investigate inquisitorial systems of justice.

"It disturbs me that AUT's research found that 30 per cent of children wept while testifying, more than 70 per cent of them did not understand a question posed by a defence lawyer, and that 65 per cent were accused by the defence of lying," Power said.

He said the judiciary will play a more active role in determining whether questions to be put to child witnesses are appropriate. "