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

Name: Children and Cross-Examination: Time to Change the Rules?
Brand: Bloomsbury Publishing PLC
SKU: 9781849463072
Price: 7010.0 INR
Availability: InStock

by John R. Spencer

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ISBN13: 9781849463072
Binding: Paperback
Subject: N/A
Publisher: Bloomsbury Publishing PLC
Publisher Imprint: Bloomsbury Publishing PLC
Publication Date: June 1, 2012
Pages: 314
Original Price: GBP 54.99
Language: English
Edition: N/A
Item Weight: 445 grams
BISAC Subject(s): Evidence, Civil Procedure, and Criminal Procedure

About The Book

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, including cross-examination, 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.

About The Author

John R Spencer KC is Professor of Law and a Fellow of Selwyn College at the University of Cambridge.
Michael E Lamb is Professor of Psychology and a Fellow of Sidney Sussex College, at the University of Cambridge.

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