Child Justice And Criminal Evidence Act - 3284 Words

Since the 1970s, the plight of victims in the criminal justice system has become of significant interest and now plays a prominent role in the construction of domestic and international laws. In particular, in 1999, the Youth Justice and Criminal Evidence Act (YJCEA hereafter) radically transformed the traditional adversarial trial model for receiving evidence from vulnerable and child witnesses by advocating a panoply of special measures to be utilised during criminal court proceedings. The purpose of such measures is to enhance the quality of children’s testimony through the use of screens to block the view of the perpetrator (s.23), the removal of wigs and gowns (s.26), help of intermediaries (s.29) and the use of video links to give evidence (s.21). Most significantly, following the recommendations in the 1989 report of the Home Office Advisory Group on video evidence - the Pigot Report , s. 27 and 28 YJCEA made provisions for pre-recorded cross-examination-in-chief and p re-recorded cross-examination respectively. After all, the cross-examination of a child who is a victim of a crime, particularly a sexual crime, is arguably one of the most challenging courtroom ordeals. However, s. 28 of the YJCEA has never been brought into force and still remains to be â€Å"the most controversial of all† measures within the 1999 Act (Hoyano Keenan, 2010). As a result, although children may be given the opportunity to pre-record the first part of their evidence, they must stillShow MoreRelatedThe Doctrinal Design Has Been Used To Study The Jurisprudential1425 Words   |  6 Pagesjurisprudential development in the areas of child witnesses, the reliability and admissibility problems of child witnesses. This has been done primarily with the help of case laws and leading judgments of various courts. 1.5 Research questions: a) Does the child have adequate cognitive skills for comprehending and accurately reporting the witnessed event? b) Can the child successfully discriminate actual events from the internal thoughts, images and fantasies? c) Can the child resist suggestions from variousRead MoreThe Age Of Criminal Responsibility1682 Words   |  7 PagesIntroduction The purpose of this report is to understand the age of criminal responsibility in both England and Singapore. The report will include a comparative study on both countries, whilst evaluating the impact each criminal system has on the child. The main focus will be upon the key policies and legal frameworks emplace to support the imprisonment and punishment of children and young people. 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