Child witnesses in the criminal courts

Abstract

The criminal courts have traditionally viewed child witnesses as inherently unreliable. However, decades of research have shown that, under the right circumstances, children can be highly effective and reliable witnesses. Unfortunately, factors which can diminish children’s ability to produce best evidence are endemic in many Australian and New Zealand courts, such as long delays before trial and poor questioning techniques. This chapter briefly outlines these issues before examining innovations in Australian and New Zealand courts which aim to address them. It then explores recent attempts in England and Wales to facilitate children’s best evidence and how these experiences can inform practitioner-led innovations in Australia and New Zealand.