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Is Court a place for children?
11.03.2010
“No” has been the answer from the judiciary for years. Indeed the presumption has been that they should not give evidence at all. Only in very rare circumstances would the Court consider hearing from a child in proceedings. The age of 12 was often seen as a milestone below which the Courts would not entertain the idea of asking a child to stand in the witness box.
Last week, in the case of Re W (a Child) the Supreme Court (the replacement of the House of Lords), the highest Court in England & Wales, unanimously changed the rules and removed this presumption.
If the child is able, then the decision whether or not they should give evidence will depend on whether the benefits to be gained from a child’s live evidence outweigh the risk of harm to the child.
The basis of the change has been that the old presumption places the Respondent’s right to a fair hearing at risk. A balance will now be drawn between this right to a fair hearing and the risk of harm to the child.
We believe that it is fair to say that this change in legal precedent will not lead to a Justice system overrun with children forced into the witness box. Many children do indeed wish to give evidence and have a contribution to make, but are prevented from being heard. A child who risks suffering harm by appearing in Court will never be forced to. That underlying principle appears totally unchanged.
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