WEDNESDAY, MAY 4, 1994
13
PROPOSALS ON CHILDREN GIVING EVIDENCE
BBING FORMULATED
*
LEGISLATIVE
PROPOSALS
AIMING AT
IN
THE
AND ADMINISTRATIVE MEASURES IMPROVING THE SYSTEM REGULATING THE GIVING OF EVIDENCE BY CHILDREN CRIMINAL PROCEEDINGS ARE BEING FORMULATED, THE ATTORNEY GENERAL, HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
LAM, MR
IN A WRITTEN REPLY TO A QUESTION BY THE HON MRS PEGGY
LEGISLATIVE PROPOSALS MATHEWS SAID HE HOPED TO PRESENT THE NECESSARY TO THE LEGISLATIVE COUNCIL IN THE 1994/95 SESSION.
THE ATTORNEY GENERAL SAID HE SET UP A COMMITTEE IN JULY 1993 TO OF LOOK AT WAYS AND MEANS TO IMPROVE THE SYSTEM REGULATING THE GIVING EVIDENCE BY CHILDREN IN CRIMINAL PROCEEDINGS.
DIRECTOR
OF PUBLIC
THE COMMITTEE WAS CHAIRED BY THE DEPUTY PROSECUTIONS AND COMPRISED REPRESENTATIVES OF THE BAR ASSOCIATION, THE LAW SOCIETY, THE DIRECTOR OF LEGAL AID, THE COMMISSIONER AND THE DIRECTOR OF SOCIAL WELFARE.
OF POLICE,
MR MATHEWS SAID THE COMMITTEE SUBMITTED ITS REPORT IN 1994 AND AMONG OTHERS, RECOMMENDED THE FOLLOWING :-
-
JANUARY
TO CIRCUMSTANCES,
BE
CHILDREN OUGHT, IN CERTAIN DEFINED
VIDEO LINK, ALLOWED TO GIVE EVIDENCE THROUGH A TELEVISION
THE COURT, THEN IN THE FROM A ROOM, IF NOT ADJACENT TO COURT BUILDING. THIS WOULD APPLY TO CHILD WITNESSES GIVING EVIDENCE IN RELATION TO OFFENCES INVOLVING THE SEXUAL ABUSE OF A CHILD, THE PHYSICAL ABUSE OF A CHILD, OR CRUELTY TO CHILD. THIS PROPOSAL WOULD AVOID THE STRESS PLACED UPON
GIVING OF
EVIDENCE CHILD
IN THE
AND OPEN, INTIMIDATING COURT ENVIRONMENT;
THE PRIMARY EVIDENCE OF THE CHILD WITNESS, OFFENCES WITHIN THE THREE CLASSES MENTIONED, VIDEO RECORDED AT AN EARLY STAGE BY THE SOCIAL WELFARE DEPARTMENT AND POLICE:
A
SOMETIMES
IN RELATION ΤΟ OUGHT TO BE PERSONNEL OF
TRAINED
ORDINANCE
AS THE REQUIREMENT IN SECTION 4 OF THE EVIDENCE
THE CHILD SHOULD BE TO CORROBORATION OF THE EVIDENCE OF
INCUMBENT ABOLISHED. IT SHOULD, IN ADDITION, NO LONGER BE UPON THE COURTS TO GIVE WARNINGS AS TO THE DANGERS INHERENT IN CONVICTING AN ACCUSED ON THE UNCORROBORATED EVIDENCE A CHILD; AND
ALL
SHOULD CHILDREN
GIVE THEIR EVIDENCE
UNSWORN,
OF
ANY SHOULD PRESUMPTION AS TO A CHILD'S INCOMPETENCE TO TESTIFY
SAME WAY AS CRASE, AND CHILDREN SHOULD BE TREATED IN THE ADULTS.
ΤΟ AVAILABLE
GIVE RELEVANT BE HEARD. THE UNDERSTANDABLE EVIDENCE, THE CHILD SHOULD COURT WILL THEN EVALUATE THAT EVIDENCE AND DECIDE HOW RELIANCE TO PLACE UPON IT.
CHILD IF A
IS
MUCH
/MR MATHEWS