XN000022-1994-01-25 — Page 8

TUESDAY, JANUARY 25, 1994

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IN SO RECOMMENDING, THE COMMITTEE RECOGNISED THAT COURTS SHOULD STILL RETAIN A GENERAL DISCRETION IN APPROPRIATE CASES TO ISSUE WARNING OF THE DANGERS OF RELYING SOLELY ON THE EVIDENCE OF A CHILD.

THE COMMITTEE ALSO PROPOSED THAT THE PRESUMPTION OF A INCOMPETENCE TO TESTIFY SHOULD CEASE, AND CHILDREN SHOULD BE IN THE SAME WAY AS ADULTS.

CHILD'S TREATED

THE COMMITTEE NOTED THAT IN RELATION TO OFFENCES OF PHYSICAL ABUSE OR CRUELTY, A 'CHILD' SHOULD BE DEFINED AS A PERSON UNDER THE AGE OF 14 YEARS.

IN RELATION TO OFFENCES OF SEXUAL ABUSE, A 'CHILD' DEFINED AS A PERSON UNDER THE AGE OF 17 YEARS.

SHOULD BE

COMMITTEE LEGAL

IN ADDITION TO MR CROSS, OTHER MEMBERS OF THE COMPRISED REPRESENTATIVES OF THE BAR ASSOCIATION, LAW SOCIETY, AID DEPARTMENT, SOCIAL WELFARE DEPARTMENT, THE POLICE AND THE LEGAL

DEPARTMENT,

THE ESTABLISHMENT OF THE COMMITTEE WAS INITIATED BY THE ATTORNEY GENERAL, MR JEREMY MATHEWS, LAST YEAR AFTER DISCUSSIONS WITH THE CHAIRMAN OF THE BAR ASSOCIATION, THE PRESIDENT OF THE LAW SOCIETY, THE DIRECTOR OF LEGAL AID, THE COMMISSIONER OF POLICE, AND THE DIRECTOR OF SOCIAL WELFARE IN LIGHT OF SOME DEVELOPMENTS CONCERNING THE GIVING OF EVIDENCE BY CHILDREN IN CRIMINAL PROCEEDINGS

IN SOMB JURISDICTIONS.

CRIMINAL

IN ENGLAND, THE LEGISLATIVE CHANGES INTRODUCED BY THE JUSTICE ACTS OF 1988 AND 1991 HAVE RESULTED IN THE INTRODUCTION OF THE TELEVISION LINK.

THE SAME ACTS HAVE ALSO RESULTED IN MAJOR CHANGES TO THE EVIDENTIAL STATUS OF CHILDREN IN CRIMINAL PROCEEDINGS.

FURTHERMORE, SOME OR ALL OF THESE CHANGES HAVE BEEN INTRODUCED IN RECENT TIMES IN VARIOUS AUSTRALIAN STATES, CANADA, THE REPUBLIC IRELAND, NEW ZEALAND, SCOTLAND AND THE UNITED STATES OF AMERICA.

MR

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CROSS SAID THE REPORT HAD BEEN SUBMITTED TO MR MATHEWS, ON BEHALF OF THE ADMINISTRATION, FOR CONSIDERATION AND FOR SUCH ACTION AS IS DEEMED APPROPRIATE.

MR MATHEWS SAID TODAY HE WELCOMED THE REPORT, AND THAT THE VARIOUS RECOMMENDATIONS PROPOSED BY THE COMMITTEE WOULD BE CONSIDERED BY THE GOVERNMENT AS A MATTER OF PRIORITY.

MR CROSS SAID ONCE THE REPORT OF THE COMMITTEE ON INFORMATION TECHNOLOGY IN COURTS (WHICH PROPOSED THAT CERTAIN AUDIO-VISUAL EQUIPMENT BE INSTALLED IN SOME COURTS) WAS IMPLEMENTED LATER THIS YEAR, THE CORE MACHINERY WOULD BE IN PLACE TO ENABLE COURTS TO WATCH THE EVIDENCE OF CHILDREN THROUGH LIVE TELEVISION LINKS.

"SOME ADDITIONAL WIRING ARRANGEMENTS WILL THEN BE REQUIRED ΤΟ ENABLE THE CHILD TO GIVE ITS EVIDENCE FROM AN ADJACENT ROOM, HE SAID.

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HE ADDED THAT SOME POLICE OFFICERS AND SOCIAL WORKERS WOULD REQUIRE SPECIALIST TRAINING IN CHILD INTERVIEWING TECHNIQUES, AND FACILITIES WOULD NEED TO BE PROVIDED FOR THE PRE-TRIAL RECORDING OF THE EVIDENCE OF CHILDREN.

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