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27 April 2007 / B Mahendra
Issue: 7270 / Categories: Features , Procedure & practice
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Doc Brief

Vulnerable child witness, Unfit witnesses, Cross border regulators

CHILD WITNESSES

The position concerning child witnesses is always a difficult one. An older child may undeniably be capable of giving reliable and cogent evidence in many cases. However, the process of giving evidence, especially the procedure of cross examination, can prove traumatic to a vulnerable child. There is good research evidence to show that adverse effects could befall some children if they are called to give evidence, especially in cases involving allegations of sexual abuse. A court is therefore required to exercise great caution before summoning a child witness. In LM (A Child) (2007) EWCA Civ 9, the Court of Appeal considered how a trial judge should deal with this issue.

L is 10 years of age. In May 2005, L’s mother alleged that L had been physically abused by her father when drunk. When interviewed by the police in the presence of a social worker L had alleged that her father had physically and sexually abused her and also that he had been violent to

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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