The need for children to attend court as witmesses in a criminal trial should be eliminated, Justice Secretary Michael Matheson said this week.
Speaking at a conference in the Police Scotland College in Tulliallan, Mr Matheson said children should be spared the trauma of giving evidence in a formal court environment. "Child witnesses should not have to worry about hearings that are cancelled or adjourned with little or no notice, and of trial dates which are rescheduled to suit parties other than themselves", he commented.
His aim was that their role in the proceedings should conclude as early as possible, an outcome that would be not only right for the child but also in the interests of justice: "It should enable children to give better evidence if they are asked questions closer to the time of the alleged offence."
The Cabinet Secretary continued: "We need to consider the best environment for children to be able to find their voice in speaking about often very traumatic events. This work must address the timing of the pre-recording of their evidence, how long it is appropriate for the questioning to last, the most appropriate venue for the child to give that evidence and the questioning styles that are adopted. All these issues must now be considered and the best approach found.
"I have already asked my officials to look at what legislative changes will be required to allow for pre-recorded evidence to be taken earlier in the criminal justice process."
He was encouraged by the number of those across the justice system who shared his vision, and was "grateful that the legal profession is also showing a willingness to take a leading role in bring about these changes too".
In his Evidence and Procedure Review, published last year, the then Lord Justice Cleerk, Lord Carloway, drew attention to the Norwegian "Barnehus" model of early interviews with a child witness as a possible one for Scotland to follow. Mr Matheson stated: "The Barnehus approach is a very interesting model, which shares similarities with Scotland’s Whole System Approach in youth justice – in that it provides a multi-agency, multi-discipline approach with practitioners coming together to ensure the best outcome for the child.
"I am also interested in the use of pre-recorded evidence in chief and ground rules hearings in England & Wales. These ensure that the questions to be asked and the time for the cross examination itself are all agreed in advance. Such increased scrutiny can not only be of benefit to the witness but to the trial process as a whole."
He told his audience: "I want to move swiftly to carry out the necessary reform to protect and support children giving evidence in criminal proceedings.
"I am entirely open as to how we achieve this, and discussions like those which have taken place today will assist in shaping a Scottish approach to this issue.
"But I will not compromise on the end goal: that we strengthen our system of support for child witnesses; that we minimise the distress and trauma of giving evidence, and that we ensure that children are able to give quality evidence as early as possible in criminal proceedings."
