Legal conference to discuss Scandinavian approach to child witnesses

A legal conference hosted by Justice for Children (JFC) will today hear calls for major reforms to the treatment of child witnesses in Scotland.

Lord Carloway is expected to add his voice to those calling for a Scandinavian-style model where experts take evidence from children before trials begin.

He will discuss a case from last December in which he rejected an appeal from a nursery manager who was convicted of child sex offences despite concerns over the evidence taken from young children.

In his judgment, Lord Carloway noted “an increasing recognition of the psychological effect of prolonged criminal proceedings on witnesses in general and those of a vulnerable nature, including children, in particular”.

Alison Todd, chief executive of charity Children 1st, part of the Justice for Children coalition, told The Herald: “Very often young victims tell us that the experience of going to court and being questioned about their experience is worse than the abuse itself, and can have long-lasting effects on their recovery and wellbeing.

“Other countries are significantly ahead in their consideration and treatment of child witnesses and the conference brings in experts from home and abroad to make the case for adopting a different approach.”

Justice Secretary Michael Matheson will also speak at the conference.

He said: “Our recent programme for government included a commitment to work with partners to allow greater use of pre-recorded evidence to help child witnesses avoid the stress and anxiety of appearing in court.”

The Crown Prosecution Service (CPS) in England and Wales is already involved in discussions around adopting the “Barnahus model”.

In a speech made this April, the Director of Public Prosecutions, Alison Saunders, explained: “The Barnahus model involves a joint investigative interview. When a child discloses a sexual assault, an appointment is made at the Barnahus. An interview is then conducted by a specially trained paediatric psychotherapist interviewer in a child-friendly room which is video-linked to an observation room. The interview is witnessed by the child’s advocate, social worker, the defence and prosecution teams, with a Judge presiding. The interview is video recorded and may subsequently by used during a criminal trial.

“The Barnahus model has reportedly led to a significant increase in the number of prosecutions and convictions for CSA offences. Moreover, the interviews are usually completed within one to two weeks of the initial allegation being made, allowing the child to start therapy quickly, either at the Barnahus or locally.”