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Child Complainants and the Court Process in Australia

NCJ Number
228430
Author(s)
Kelly Richards
Date Published
July 2009
Length
6 pages
Annotation
This paper outlines some of the special problems faced by child complainants in Australia's criminal courts and responses implemented to address these problems.
Abstract
Children face a variety of problems when they appear in court as complainants including giving evidence and being cross-examined, poor perception of child witnesses, and the low likelihood of conviction. Initiatives implemented in Australian States to reduce the trauma for child complainants and to increase the credibility of children's evidence include: modifying the physicality of the courtroom, closed-circuit television, prerecorded evidence, support persons and child intermediaries, restrictions on cross-examination by the accused, improving interviewing techniques and child witness statements, new offense categories, restrictions on committal hearings, prerecorded evidence, specialist jurisdictions, and training in child witness investigative interviewing. However, although a variety of initiatives have been introduced, evidence suggest that they have achieved only limited success. It appears that the initiatives were under-utilized. Recommendations for future research on child complainants are presented. This paper outlines major factors that contribute to making court processes harrowing for child complainants, some of the main initiatives that have been introduced to address these factors, and evaluates the evidence about initiatives designed to assist child complainants. Tables and references