Questioning Child Witnesses: Exploring the Benefits and Risks of Intermediary Models in New Zealand

Hanna, Kirsten; Davies, Emma; Henderson, Emily; Hand, Linda

doi:10.1080/13218719.2012.726148

Cited by 16 publications

(11 citation statements)

References 16 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In 2017, a High Court of Justiciary Practice Note was published in Scotland describing plans to improve the treatment of vulnerable witnesses by expanding the existing procedures for the taking of evidence by a commissioner (i.e., where a witness' examination and cross‐examination is recorded in advance of a trial; Dorrian, ). Furthermore, New Zealand has begun to consider the use of intermediaries as an additional special measure for children testifying in court (Hanna, Davies, Henderson, & Hand, ; Randell, ).…”

Section: Discussionmentioning

confidence: 99%

Examining children in English High Courts with and without implementation of reforms authorized in Section 28 of the Youth Justice and Criminal Evidence Act

Henderson

Andrews²,

Lamb

2018

Applied Cognitive Psychology

View full text Add to dashboard Cite

This study examined whether the implementation of Section 28 of the Youth Justice and Criminal Evidence Act (1999) improved lawyers' questioning strategies when examining child witnesses in England. The government's Section 28 pilot study involved judges holding Ground Rules Hearings, during which restrictions and limitations were placed on the duration, content, and manner of questions to be asked.Afterwards, children's cross-examinations were pre-recorded and later played as part of their evidence at trial. The current study compared cases involving 6-to 15-yearold alleged victims of sexual abuse in which Section 28 was (n = 43) and was not (n = 44) implemented. Defence lawyers in Section 28 cases asked significantly fewer suggestive questions and more option-posing questions than defence lawyers in Nonsection 28 cases. Younger children complied more with defence lawyers' suggestive questions. Ground Rules Hearings improved lawyers' questioning strategies, regardless of the case's involvement in the Section 28 pilot study.

show abstract

Section: Discussionmentioning

confidence: 99%

Examining children in English High Courts with and without implementation of reforms authorized in Section 28 of the Youth Justice and Criminal Evidence Act

Henderson

Andrews²,

Lamb

2018

Applied Cognitive Psychology

View full text Add to dashboard Cite

show abstract

“…In South Africa the intermediary acts like an interpreter by listening to the questions put forward by counsel and translating these into words that the vulnerable person will understand (Criminal Procedure Act, 1977). In Norway specialist child interviewers question children for prosecution and defence and this interview is video recorded and played later at trial (Hanna, Davies, Henderson, & Hand, 2013). In Israel a specially trained child interviewer also carries out a video recorded interview with the child.…”

mentioning

confidence: 99%

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Collins

Harker

Antonopoulos

2016

Eur J Crim Policy Res

View full text Add to dashboard Cite

Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual's communication and provide recommendations to practitioners for how to obtain the individual's 'best evidence' during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults' perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study one hundred participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child's behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a thirteen year old child. The results showed the children's behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child's crossexamination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children's testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.

show abstract

“…One way of addressing the barriers to testimony still faced by vulnerable witnesses is to introduce a third party, referred to as an ‘intermediary,’ to the justice system. Intermediary schemes exist in a number of countries (Hanna, Davies, Henderson, & Hand, 2013), but have not yet been introduced in Australia. Broadly speaking, the intended role of intermediaries is to facilitate effective communication between vulnerable witnesses and the people they encounter in the criminal justice system without a diminution in defendants’ right to a fair trial (The Rt.…”

mentioning

confidence: 99%

Stakeholders' perceptions of the benefit of introducing an Australian intermediary system for vulnerable witnesses

Powell

Bowden

Mattison

2014

Australian & New Zealand Journal of Criminology

View full text Add to dashboard Cite

Vulnerable witnesses (e.g. children and adults with communication impairment) face many barriers to testifying and achieving justice when participating in the criminal justice system. To date, reforms have been implemented in Australia to address these, yet the barriers remain. Several other countries have implemented an intermediary scheme, whereby an independent third party assists vulnerable witnesses to understand the questions and processes encountered during interviews and trials, and helps witnesses to be understood. This study provides a qualitative analysis of stakeholders' (N ¼ 25 professionals) perceptions regarding the potential benefits of implementing an intermediary scheme in Australia. While all participants demonstrated an open-minded attitude to new reform in this area, their perspectives did not support the introduction of an intermediary scheme at this time. Stakeholders highlighted the need for improved use and effectiveness of current measures, and expressed concern about adding further complication to the system.Vulnerable witnesses, such as children or people with a physical, cognitive, social or communication impairment, face many barriers when accessing the criminal justice system. These difficulties have been well-articulated in previous research.

show abstract

Questioning Child Witnesses: Exploring the Benefits and Risks of Intermediary Models in New Zealand

Cited by 16 publications

References 16 publications

Examining children in English High Courts with and without implementation of reforms authorized in Section 28 of the Youth Justice and Criminal Evidence Act

Examining children in English High Courts with and without implementation of reforms authorized in Section 28 of the Youth Justice and Criminal Evidence Act

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Stakeholders' perceptions of the benefit of introducing an Australian intermediary system for vulnerable witnesses

Contact Info

Product

Resources

About