Abused kids to give evidence via go-between
ABUSED children will no longer give evidence in Scottish courts under new laws to be introduced next year.
In one of the most sweeping changes made to the criminal justice system, child sexual abuse victims will give evidence via an intermediary soon after making allegations.
A lawyer will question the alleged victims under the guidance of a judge and the recorded interview will be used as evidence.
Last night, campaigners said the changes were long overdue but defence lawyers warned the right to a fair trial should not be jeopardised.
Scotland’s Justice Minister, Michael Matheson, is firmly behind the changes and has the support of Cabinet colleagues, Scotland’s senior judges, Lord Carloway and Lady Dorrian, and the Lord Advocate, James Wolffe QC
Under the current system, children can give evidence by video link from another room in the court building but cases still collapse due to ruthless and aggressive cross-examination.
Mr Matheson’s officials have
studied other jurisdictions and it is understood the minister has been impressed by the Barnehus model which has operated in Norway for almost a decade.
Lord Carloway is also understood to be a supporter and has travelled to Scandinavia to study the system first-hand.
But following such an approach would be met with resistance as defence lawyers would lose the right to crossexamine alleged victims.
The Pigot model, used in Australia, and a variation dubbed Half Pigot, being trialled successfully England and Wales, are also being studied.
Under these. systems, defence lawyers do not lose the right to test the evidence via cross-examination, although they do face restrictions to safeguard children.
Mr Matheson said: “This will be a fundamental shift in our justice system. The challenge we face is to protect the rights of children without compromising the right of the accused to a fair trial.”
The failures of the current system were illustrated in 2001 when a disturbing case at the High Court in Edinburgh involving six accused was thrown out by Lord McLean.
An 11-year-old girl faced rigorous cross- examination over more than 25 hours, spread over ten days, from all six defence counsel.
Her little brother, who was eight, followed her in giving evidence by video- link, but broke down twice at the start of his cross-examination and the judge decided to dismiss the case.
Court officials failed to prevent the children coming into contact with their alleged abusers.
When asked about the changes, the mother of the children, now adults, said: “I’m glad that what we asked for and fought for is to happen, but astonished it took another 15 years.”
Stephen Mannifield, president of the Edinburgh Bar Association, sounded a cautionary note.
He said: “Defence lawyers would like to have proper input into this process so that the rights of the accused can be properly protected while giving due regard to children’s rights.”