Innovations in trial processes for young complainant witnesses

Objectives: Young people appear as witnesses in the New Zealand criminal justice system most commonly as a result of sexual abuse allegations. Despite legislative reform, court involvement is thought to remain significantly... [ view full abstract ]

Objectives: Young people appear as witnesses in the New Zealand criminal justice system most commonly as a result of sexual abuse allegations. Despite legislative reform, court involvement is thought to remain significantly distressing for young people. Recently Judges in one New Zealand court introduced changes to the trial process intended to reduce the stress of court involvement for young witnesses and improve the quality of their evidence. Changes include meeting the Judge before trial, giving their evidence at the beginning of day, improvements to the CCTV room, and greater Judge intervention with inappropriate cross examination. The current research will contribute to further development of such innovations and their adoption in other News Zealand courts.

Method: Interviews and focus groups were conducted with young complainant witnesses in trials for sexual offences, parents of such witnesses, and professionals including Judges, prosecution and defence lawyers, Victim Advisors, Court support staff and Police. Transcripts were analysed to identify common themes in the Court experiences of young witnesses and their families and perspectives regarding the innovations in trial processes.

Results: For witnesses and their families, uncertainty about the trial process, delay to going to trial, lack of support for parents, and aggressive and confusing defence lawyer cross examination were experienced as particularly stressful and distressing. Preparedness, victim support services, being believed and having the opportunity to tell their story in Court were experienced by families as helpful and positive. Trial innovations were generally perceived as positive and as contributing to young witness wellbeing and evidence, although a number of concerns were identified by professionals.

Conclusions: The findings suggest that useful changes to address young witness experience in trials can be made by Judges within existing legal and resource framework and in the absence of legislative change which is more difficult to achieve.