Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

Price: £100.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Children and Cross-Examination: Time to Change the Rules?

Edited by: John R Spencer, Michael E Lamb

ISBN13: 9781849463072
Published: June 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £38.99



Despatched in 4 to 6 days.

Also available as
£32.49
+ £6.50 VAT

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four and a half years old at the trial, and about three and a half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination.

This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination.

In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, cross-examination and all, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force.

The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Subjects:
Evidence
Contents:
1. Introduction
JR Spencer
2. 'Kicking and Screaming'—the Slow Road to Best Evidence
Joyce Plotnikoff and Richard Woolfson
3. Alternative Routes: Accusatorial Jurisdictions on the Slow Road to Best Evidence
Emily Henderson
4. Children's Evidence in Legal Proceedings—the Position in Western Australia
Hal Jackson
5. Cross-Examining the Child Complainant: Rights, Innovations and Unfounded Fears in the Australian Context
Annie Cossins
6. An Idea Whose Time has Come: The Reform of Criminal Procedure for Child Witnesses in New Zealand
Emily Henderson
7. Child Witnesses in Austria
Verena Murschetz
8. The Position in Norway
Trond Myklebust
9. Conclusions
JR Spencer
10. The Pigot Report 1989 (reprinted)