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Fast-Track Young Witness Court Cases Says NSPCC

Press Releases: 3rd July 2009

New NSPCC research published today (Friday 03 July) reveals young witnesses often have to wait more than a year to give evidence in Crown Court cases in England and Wales. Most of the children interviewed for the study (87 per cent) gave evidence in sex abuse or violence cases.

In response to the findings, the NSPCC is calling for the UK Government for England, Wales and Northern Ireland to enforce its policy of fast-tracking criminal cases involving young witnesses and monitor delays.(1)

The research shows that Crown Court trials in England and Wales involving child witnesses take on average two months longer than other cases.(2) And more than one in three children surveyed said their hearings had been rescheduled at least once.

The report Measuring Up?, co-funded by the NSPCC and Nuffield Foundation, is the largest, most in-depth study yet conducted of young witnesses' experiences in England, Wales and Northern Ireland. Researchers interviewed 182 children, aged five to nineteen, parents and witness support professionals.

NSPCC lawyer Barbara Esam said: "Court appearances are naturally stressful for anyone, let alone a young child who might be giving evidence about abuse they've suffered. These excessive delays only add to that pressure and interfere with justice. Speeding up young witness cases has been government policy since 1988 and is frequently re-stated but has still not been achieved.

"Our research shows that on average there is a 13 month gap between a child reporting an offence and the start of a Crown Court trial. (3) One parent of a ten-year-old said their child was bedwetting in the run-up to each of three rescheduled dates. The first trial should have been March but did not take place until December.

"This is a crucial issue and was at the centre of a recent Appeal Court case where the judges re-iterated that these trials should be fast -tracked.(4) The child is usually the only witness for the prosecution case against a defendant, particularly child sexual abuse cases. If the courts do not act quickly to reduce court delays, this risks undermining evidence from children which will in turn undermine the criminal justice system.

"Policies for the judiciary, courts and prosecutors say cases involving children should get priority listing but this research shows such trials actually take longer to get to court. If the situation can't be improved then at the very least there should be videoed cross-examination to avoid courtroom ordeals like that suffered by the child raped by Baby Peter's step-father."(5)

One in five young witnesses reported feeling intimidated in the run-up to the trial.(6) And almost half (45 per cent) of those interviewed who attended court had seen the defendant when entering, leaving or waiting in the court building.

One parent of a 17-year-old witness said: "We had to walk past the defendant and his family to go into court, they were hissing and laughing at us."

Young witness Carol, 15, said: "We were not kept apart [from the defendants]. On the first day, we were in the same main area as all the defendants. We complained but we also saw them on the second day."

To eliminate these problems the NSPCC is calling on the UK Government for England, Wales and Northern Ireland to make sure remote link facilities are available for young witnesses to give evidence away from the court room. The children's charity pioneered the first such facility in Exeter in 2002.

Barbara Esam added: "Giving evidence away from the courtroom helps children feel more secure and relaxed, and enables them to give their best evidence. All children should have this option open to them, particularly if they are at risk of intimidation."

Measuring Up? Evaluating implementation of Government commitments to young witnesses in criminal proceedings by Joyce Plotnikoff and Richard Woolfson is available to download from www.nspcc.org.uk/measuringup

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