TUESDAY, JANUARY 25, 1994
COMMITTEE ON EVIDENCE OF CHILDREN
IN CRIMINAL PROCEEDINGS RELEASES REPORT
WILL
CHILDREN
BE RECOMMENDATIONS
WHO HAVE TO GIVE EVIDENCE IN THE TRIAL OF SOME
IF SETTING ABLE то
A NON-COURTROOM DO SO IN OF AN INTER-DEPARTMENTAL
CASES
THE
WORKING COMMITTEE
ARE
ACCEPTED BY THE GOVERNMENT.
ON
THE
EVIDENCE
OF
CHILDREN
IN
CRIMINAL
THE
ATTORNEY TODAY
THE COMMITTEE PROCEEDINGS, CHAIRED BY THE DEPUTY CROWN PROSECUTOR OF GENERAL'S CHAMBERS, MR GRENVILLE CROSS, QC, RELEASED ITS REPORT (TUESDAY) AFTER A FOUR-MONTH STUDY INTO THE MATTER.
IS
FIRST OUTSIDE A INVOLVING SEXUAL
THE COMMITTEE MADE A TOTAL OF FOUR RECOMMENDATIONS, THE THAT CHILDREN SHOULD BE ALLOWED TO GIVE THEIR EVIDENCE COURTROOM THROUGH A LIVE TELEVISION LINK IN CASES ABUSE, PHYSICAL ABUSE AND CRUELTY.
RELEASING
THE
REPORT
TODAY,
MR
CROSS
SAID
THE
COMMITTEE ENTIRE
CONCLUDED THAT CHILDREN COULD AND DID FEEL INTIMIDATED BY THE COURT EXPERIENCE.
"THIS MAY
IN RESULT
CHILD
WITNESSES
OR
BECOMING DISTRESSED, STAYING SILENT, BECOMING CONFUSED, BEING AFRAID TO TELL THE TRUTH, EVEN DISTORTING THE TRUTH.
OF
ENVIRONMENT
OBLIGED
IS
"CHILDREN MAY ALSO FEEL PRESSURISED BY THE FORMAL THE COURT INTO COMING UP WITH AN ANSWER BECAUSE THEY FEEL TO SAY SOMETHING, WITHOUT FULLY THINKING THROUGH PRECISELY WHAT IT THEY ARE SAYING, THE COMMITTEE STATED IN THE REPORT.
TRAUMA
THE REPORT ADDED THAT THERE IS AN UNDOUBTED ELEMENT of
DEGREE INVOLVED IN A CHILD GIVING EVIDENCE AT COURT, THE PRECISE WHICH WILL VARY ACCORDING TO THE AGE OF THE CHILD, THE NATURE OF OFFENCE, AND THE RELATIONSHIP OF THE CHILD TO THE ACCUSED.
"THE TRAUMA OF THE CHILD CAN BE SIGNIFICANTLY REDUCED CHILD GIVES ITS EVIDENCE THROUGH THE TELEVISION NOTED.
rb
LINK,'
THE
OF
THE
IF THE REPORT
THE COMMITTEE ALSO RECOMMENDED THAT THE PRIMARY VERSION CHILD'S EVIDENCE COULD BE GIVEN BY MEANS OF A VIDEO RECORDING.
OF A
THIS
MR CROSS SAID THE COMMITTEE BELIEVED THAT THE ADOPTION OF
STRESS REDUCE THE
CAUSED TO CHILD TECHNIQUE WOULD SIGNIFICANTLY WITNESSES FROM REPEATED QUESTIONING ABOUT THEIR EXPERIENCE.
AND
THE VIDEO RECORDING SHOULD OCCUR IN INFORMAL SURROUNDINGS, SHOULD BE CONDUCTED BY TRAINED PERSONNEL OF THE ROYAL HONG KONG POLICE AND THE SOCIAL WELFARE DEPARTMENT, THE REPORT SAID.
THE COMMITTEE ALSO RECOMMENDED THAT ALL CHILDREN THEIR EVIDENCE UNSWORN AND THE COURTS SHOULD BE ABLE TO SUCH EVIDENCE.
SHOULD GIVE CONVICT ON
OF OTHER
THE COMMITTEE FURTHER RECOMMENDED THAT THE UNSWORN EVIDENCE A CHILD MAY CORROBORATE THE EVIDENCE (SWORN OR UNSWORN) OF ANY PERSON.
/IN SO