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Date: November 25, 2024 Mon
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Results for child witnesses (new zealand)
1 results foundAuthor: New Zealand. Ministry of Justice Title: Alternative Pre-Trial and Trial Processes for Child Witnesses in New Zealand's Criminal Justice System Summary: The Ministry of Justice (the Ministry) is undertaking a policy project on child victims and witnesses in the criminal justice system to improve the way in which their needs are managed in the court process. The policy project is investigating alternative pre-trial and trial processes that may improve how child witnesses are treated. This Issues Paper outlines concerns with the current situation and seeks your views on potential options for reform. 2. It is widely acknowledged that contact with the court system can be especially difficult for child victims and witnesses. In particular, the process of giving evidence (especially cross-examination) can be traumatic for many child victims and witnesses. The experience can be confrontational, stressful and confusing, which can also mean that the best quality evidence is not elicited from these witnesses. As a result, the system does not ensure fairness to all those involved in the criminal justice system. 3. In addition, concerns have been raised about the sometimes long delays between the time children are interviewed by Police and when they give evidence in court. Court delays can impact on the quality of children‟s evidence and their ability to exit the criminal justice system as early as possible. 4. There are a considerable number of children who are in contact with the court system. In the 2009/2010 year, over 2,000 child complainants were involved in cases before the courts.1 More children will have been involved in court cases as witnesses. Given this data, improving the experience of child witnesses has the potential to assist a large number of children who are currently involved in criminal court trials. 5. To develop the options outlined in this Issues Paper, the Ministry has undertaken a review of academic literature along with a review of practices in other jurisdictions, including both adversarial and inquisitorial systems. The specific focus has been on identifying alternative approaches that might address the key concerns of timeliness and inappropriate questioning of children. In looking at the alternative approaches used in other jurisdictions, this project will consider whether a hybrid model, with elements of inquisitorial systems being incorporated into our adversarial system, could be developed for the New Zealand criminal justice system. 6. The Ministry will assess the proposed options against four key criteria. These criteria include eliciting the most complete, accurate and reliable evidence from witnesses; minimising harm to witnesses; maintaining defendant‟s rights; and ensuring that the cost of reforms do not outweigh the benefits. These criteria are outlined in more detail on page 15. It is also important to note that the options outlined in this Issues Paper should not be treated as a package or integrated suite of options that build on each other. Rather, they are a range of potential approaches, some of which are compatible with others, and some that if selected, would render other options unnecessary. 7. This work is initially focussed on addressing the specific needs of child victims and witnesses, but the Ministry is maintaining the possibility that any options that are progressed could later be extended to other vulnerable victims and witnesses (such as adult victims of sexual violence or people with diminished capacity). 8. Section One outlines the current system, including the current processes and provisions that exist to protect child victims and witnesses, and presents the key concerns with the current system. Section Two outlines a range of possible options for reform, drawing on our review of the literature, discussions with stakeholders, and analysis of approaches taken in other jurisdictions, both adversarial and inquisitorial. 9. The purpose of this Issues Paper is to encourage discussion on the treatment of child witnesses in the criminal justice system and identify the best options to address concerns. The Issues Paper is intended to be used for targeted consultation with key stakeholders and interested parties to gather feedback on the options outlined. We also welcome other ideas and suggestions of options that have not been covered in this paper. Details: Wellington, NZ: Ministry of Justice, 2011. 53p. Source: Internet Resource: Issues Paper: Accessed October 20, 2011 at: http://www.justice.govt.nz/publications/global-publications/a/alternative-pre-trial-and-trial-processes-for-child-witnesses-in-new-zealands-criminal-justice-system Year: 2011 Country: New Zealand URL: http://www.justice.govt.nz/publications/global-publications/a/alternative-pre-trial-and-trial-processes-for-child-witnesses-in-new-zealands-criminal-justice-system Shelf Number: 123065 Keywords: Child Witnesses (New Zealand)Children, Crimes Against |