*/
The current system of cross-examining young witnesses was the subject of a seminar chaired by Lord Justice Hooper at the Nuffield Foundation on 10 June, writes Joyce Plotnikoff.
The seminar was following up Measuring Up? (2009) (Joyce Plotnikoff and Richard Woolfson) published by Nuffield and the NSPCC. This found that half of young witnesses – across age groups – did not understand some questions at court. Seminar participants included judges, magistrates, barristers, solicitors, intermediaries, child psychiatrists, academics and advocacy trainers.
Discussion focused on whether advocates are hindered from putting the defendant’s case if they cannot lead the witness. It was agreed that change was needed in light of the Court of Appeal decision in R v Barker ([2010] EWCA Crim 4, para 42). This said that when the issue is whether the child is lying or mistaken, the advocate should ask “short, simple” questions which put the essential elements of the defendant”s case, and “fully to ventilate before the jury” evidence bearing on the child’s credibility but which may not necessarily be appropriate to form the subject matter of detailed cross- examination of the child. The seminar noted that children are particularly susceptible to suggestion. Leading questions with tag endings – the most suggestive – are routinely used even though they take at least seven stages of reasoning to answer.
The conduct of training in developmentally appropriate questioning was also addressed. A survey conducted for the seminar revealed an uneven approach across training bodies, with some doing nothing because it is not required or recommended. An Advocacy Training Council working group is due to report shortly on how best to train barristers to handle vulnerable witnesses and defendants in court.
The seminar also considered alternatives to the current system, including the 1989 Pigot Committee recommendation that courts should have discretion to take children’s evidence at pre-trial hearings, possibly with advocates” questions relayed through a specialist child examiner.
Joyce Plotnikoff, Lexicon Ltd
The seminar was following up Measuring Up? (2009) (Joyce Plotnikoff and Richard Woolfson) published by Nuffield and the NSPCC. This found that half of young witnesses – across age groups – did not understand some questions at court. Seminar participants included judges, magistrates, barristers, solicitors, intermediaries, child psychiatrists, academics and advocacy trainers.
Discussion focused on whether advocates are hindered from putting the defendant’s case if they cannot lead the witness. It was agreed that change was needed in light of the Court of Appeal decision in R v Barker ([2010] EWCA Crim 4, para 42). This said that when the issue is whether the child is lying or mistaken, the advocate should ask “short, simple” questions which put the essential elements of the defendant”s case, and “fully to ventilate before the jury” evidence bearing on the child’s credibility but which may not necessarily be appropriate to form the subject matter of detailed cross- examination of the child. The seminar noted that children are particularly susceptible to suggestion. Leading questions with tag endings – the most suggestive – are routinely used even though they take at least seven stages of reasoning to answer.
The conduct of training in developmentally appropriate questioning was also addressed. A survey conducted for the seminar revealed an uneven approach across training bodies, with some doing nothing because it is not required or recommended. An Advocacy Training Council working group is due to report shortly on how best to train barristers to handle vulnerable witnesses and defendants in court.
The seminar also considered alternatives to the current system, including the 1989 Pigot Committee recommendation that courts should have discretion to take children’s evidence at pre-trial hearings, possibly with advocates” questions relayed through a specialist child examiner.
Joyce Plotnikoff, Lexicon Ltd
The current system of cross-examining young witnesses was the subject of a seminar chaired by Lord Justice Hooper at the Nuffield Foundation on 10 June, writes Joyce Plotnikoff.
Barbara Mills KC, the new Chair of the Bar, outlines some key themes and priorities
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
Rachel Davenport breaks down everything you need to know about AlphaBiolabs’ industry-leading laboratory testing services for legal matters
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
Professor Dominic Regan and Seán Jones KC identify good value bottles across the price spectrum – from festive fizz to reliable reds
Reviews by Daniel Barnett
Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success
Mark Neale, Director General of the Bar Standards Board, offers an update on the Equality Rules consultation
