*/
The current system of cross-examining young witnesses was the subject of a seminar chaired by Lord Justice Hooper at the Nuffield Foundation on 10 June, writes Joyce Plotnikoff.
The seminar was following up Measuring Up? (2009) (Joyce Plotnikoff and Richard Woolfson) published by Nuffield and the NSPCC. This found that half of young witnesses – across age groups – did not understand some questions at court. Seminar participants included judges, magistrates, barristers, solicitors, intermediaries, child psychiatrists, academics and advocacy trainers.
Discussion focused on whether advocates are hindered from putting the defendant’s case if they cannot lead the witness. It was agreed that change was needed in light of the Court of Appeal decision in R v Barker ([2010] EWCA Crim 4, para 42). This said that when the issue is whether the child is lying or mistaken, the advocate should ask “short, simple” questions which put the essential elements of the defendant”s case, and “fully to ventilate before the jury” evidence bearing on the child’s credibility but which may not necessarily be appropriate to form the subject matter of detailed cross- examination of the child. The seminar noted that children are particularly susceptible to suggestion. Leading questions with tag endings – the most suggestive – are routinely used even though they take at least seven stages of reasoning to answer.
The conduct of training in developmentally appropriate questioning was also addressed. A survey conducted for the seminar revealed an uneven approach across training bodies, with some doing nothing because it is not required or recommended. An Advocacy Training Council working group is due to report shortly on how best to train barristers to handle vulnerable witnesses and defendants in court.
The seminar also considered alternatives to the current system, including the 1989 Pigot Committee recommendation that courts should have discretion to take children’s evidence at pre-trial hearings, possibly with advocates” questions relayed through a specialist child examiner.
Joyce Plotnikoff, Lexicon Ltd
The seminar was following up Measuring Up? (2009) (Joyce Plotnikoff and Richard Woolfson) published by Nuffield and the NSPCC. This found that half of young witnesses – across age groups – did not understand some questions at court. Seminar participants included judges, magistrates, barristers, solicitors, intermediaries, child psychiatrists, academics and advocacy trainers.
Discussion focused on whether advocates are hindered from putting the defendant’s case if they cannot lead the witness. It was agreed that change was needed in light of the Court of Appeal decision in R v Barker ([2010] EWCA Crim 4, para 42). This said that when the issue is whether the child is lying or mistaken, the advocate should ask “short, simple” questions which put the essential elements of the defendant”s case, and “fully to ventilate before the jury” evidence bearing on the child’s credibility but which may not necessarily be appropriate to form the subject matter of detailed cross- examination of the child. The seminar noted that children are particularly susceptible to suggestion. Leading questions with tag endings – the most suggestive – are routinely used even though they take at least seven stages of reasoning to answer.
The conduct of training in developmentally appropriate questioning was also addressed. A survey conducted for the seminar revealed an uneven approach across training bodies, with some doing nothing because it is not required or recommended. An Advocacy Training Council working group is due to report shortly on how best to train barristers to handle vulnerable witnesses and defendants in court.
The seminar also considered alternatives to the current system, including the 1989 Pigot Committee recommendation that courts should have discretion to take children’s evidence at pre-trial hearings, possibly with advocates” questions relayed through a specialist child examiner.
Joyce Plotnikoff, Lexicon Ltd
The current system of cross-examining young witnesses was the subject of a seminar chaired by Lord Justice Hooper at the Nuffield Foundation on 10 June, writes Joyce Plotnikoff.
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Fear of the collection and test process is a common factor among clients, especially among vulnerable adults in complex family law cases. Cansford Laboratories shares some tips to help the testing process run as smoothly as possible
Casey Randall explains how complex relationship DNA tests can best be used – and interpreted – by counsel
Casey Randall, Head of DNA at AlphaBiolabs, explores what barristers need to know about DNA testing for immigration, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications
Julian Morgan reminds barristers of the top five areas to consider before 5 April
The case ofR v Brecanihas complicated matters for defence lawyers. Emma Fielding talks to gang culture expert, Dr Simon Harding about County Lines, exploitation and modern slavery
Barristers are particularly at risk of burnout because of the nature of our work and our approach to it but it doesnt have to be this way. Jade Bucklow explores how culture, work and lifestyle changes can rejuvinate our mental health...
Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment inR v Daniels By Abigail Bright
The Schools Consent Project (SCP) is educating tens of thousands of teenagers about the law around consent to challenge and change what is now endemic behaviour. Here, its founder, barrister Kate Parker talks to Chris Henley QC about SCPs work and its association with Jodie Comers West End playPrima Facie, in which she plays a criminal barrister who is sexually assaulted
Following the launch of the Life at the Young Bar report and a nationwide listening exercise, Michael Polak and Michael Harwood outline the Young Barristers Committees raft of initiatives designed to address your issues of concern