Child witnesses should be interviewed away from the court by people trained in working with children, according to new proposals to be presented to the Scottish executive by three leading children’s charities.
The report, 'Justice For Children: Ensuring the Welfare of Children in the Justice System', has been compiled by NCH Scotland, Childline and Children 1st following a controversial child sex abuse case last year which collapsed when one of the child witnesses could not continue. In the report, the charities point out that two child witnesses were severely traumatised during that trial.
According to the report, the interviewer should act as a channel for cross-examination by the defence.
The proposals have already sparked a hostile reaction from the legal profession. Derek Ogg QC, who played a major role in the Orkney inquiry, and was the defence counsel in the case referred to, described the proposal as "ridiculous" and "impractical". Ogg claimed that advocates were skilled interviewers, and the proposals allowed the children to make up evidence.
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