Children in court - Part 2

Key point no 1

Preparation conducted in advance of the trial

a. The pre-trial visit

b. The Child Witness Pack

c. The individual responsible for preparation of child witnesses

d. Out of court preparation

a. The pre-trial visit

The pre-trial visit is intended to familiarise the child with the layout of the court, the workings of the Closed Circuit Television Link (CCTV) and basic court procedure. The visit focuses on preparation for going to court. It does not deal with evidential details.

Table: whether or not the child received a pre-trial visit

Pre-trial visit received	Sexual Charges		Other Charges
Pre-trial visit received	1994	1995	1994	1995
Yes	219	269	26	61
No	92	80	111	103
Not Known	3	10	2	9
Total no of children	314	359	139	173

There was an 8% increase between 1994 and 1995 in the proportion of children who had the opportunity for a pre-trial visit. Over half of all children were able to visit the court before the trial (54% in 1994 and 62% in 1995).
The research reveals a marked discrepancy in the provision of pre-trial visits to children giving evidence in sexual as opposed to non-sexual cases. In 1995, of the 359 child witnesses in sexual cases, 269 (75%) received a pre-trial visit. This compares with 61 (35%) out of a total of 173 children in non-sexual cases.
These findings raise the question of what criteria are being used for the allocation of pre-trial visits and whether assumptions are being made that these visits are less necessary in non-sexual cases.

b. The Child Witness Pack

The Child Witness Pack (NSPCC/Childline, 1993) is a guide for parents, carers and children who have to attend court or support children giving evidence. The packs are not available free.

Use of the Child Witness Pack

Only a quarter of children had sight of The Child Witness Pack and a small decrease in its percentage use was observed between 1994 and 1995.

c. The individuals responsible for preparation of child witnesses

The research findings highlight the diverse occupations/backgrounds of those who prepared children for court. There appears to be little consistency across the courts surveyed, in the person responsible for the preparation of child witnesses.

Table: persons responsible for the preparation of child witnesses

Preparation done by	Total No 1994	Total No 1995	Preparation done by	Total No 1994	Total No 1995
Social Worker	36	22	Court Child Liaison Officer **	1	2
Police Officer	197	68	Independent Adult *	N/A	13
Parent/ Guardian	29	9	Other	32	10
Education Welfare Officer	1	0	Not Known	83	368
Witness Service	82	47	Total No of Children	461	539

* see The Child Witness Pack ** Court Service appointee responsible for liaison in cases involving child witnesses

d. Out of court preparation

Out of court preparation of child witnesses, which can include a home visit, is used to help familiarise the child with the processes and procedures involved in going to court to give evidence. Such visits are conducted at the child's home where they are likely to feel most at ease. Alternatively, visits can also be arranged at police stations or at any other appropriate venue.

In 1995, 8% of children received home visits. This can almost entirely be attributed to the practice of one participating Witness Service.