Skip to main content
Log in

An Evaluation of the Use of Videotaped Evidence for Juvenile Witnesses in Criminal Courts in England and Wales

  • Published:
European Journal on Criminal Policy and Research Aims and scope Submit manuscript

Abstract

For the first time, the UK Criminal Justice Act (1991) allowed the videotaped evidence of a child to be substituted for the child's evidence-in-chief in a criminal court. The present study is an evaluation of that legislation. One hundred and fifty children were observed testifying in a criminal court in the UK. The use of the videotaped evidence and subsequent cross-examination of the child witness (usually via the closed circuit television system) was also observed. The data base from the Lord Chancellor's Department of all trials involving child witnesses in England and Wales was also analysed. The results showed that the introduction of the video technology into the criminal courts reduced the levels of stress of child witnesses but did not increase the conviction rates.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Similar content being viewed by others

References

  • Ceci, S. and M. Bruck, Jeopardy in the Courtroom. Washington, DC: American Psychological Association, 1995.

    Google Scholar 

  • Cashmore, J. and N. DeHass, The Use of Closed Circuit Television for Child Witnesses in the ACT. A Report for the Australian Law Reform Commission and the Australian Capital Territory Magistrates Court, 1992.

  • Crown Prosecution Service Inspectorate, The Inspectorate's Report on Cases Involving Child Witnesses. London: CPS Inspectorate 1998.

    Google Scholar 

  • Davies, G.M., The impact of television on the presentation and reception of children's evidence. International Journal of Law and Psychiatry, forthcoming.

  • Davies, G.M. and E. Noon, An Evaluation of the Live Link for Child Witnesses. London: Home Office, 1991.

    Google Scholar 

  • Davies, G. and H. Westcott, Videotechnology and the child witness. In: H. Dent and R. Flin (Eds), Children as Witnesses. Chichester: John Wiley and Sons, 1992.

    Google Scholar 

  • Davies, G.M., J.C. Wilson, R. Mitchell and J. Milsom, Videotaping Children's Evidence: An Evaluation. London: HMSO, 1995.

    Google Scholar 

  • Flin, R.H., G. Davies and A. Tarrant, The Child Witness. Final Report to the Scottish Home and Health Department. Grant 85/9290. Aberdeen: Robert Gordon's Institute of Technology, 1988.

    Google Scholar 

  • Goodman, G.S., The child witness: Conclusions and future directions for research and legal practice. Journal of Social Issues, 40, pp. 157–175 1984.

    Google Scholar 

  • Goodman, G., E. Taub, D. Jones, P. England, L. Port, L. Rudy and L. Prado, Testifying in criminal court. Monograph of the Society for Research in Child Development, 57(5), 1992.

  • Goodman, G., M. Wilson, C. Hazen and R. Reed, Children's testimony nearly four years after the event. Paper presented at the annual meeting of the Eastern Psychological Association, Boston, MA, 1989.

  • Home Office, Report of the Advisory Group on Video Evidence. London: Home Office, 1989.

    Google Scholar 

  • Home Office and Department of Health. The Memorandum of Good Practice on Video Recorded Interviews with Child Witnesses for Criminal Proceedings. London: HMSO, 1992.

    Google Scholar 

  • Lipovsky, J., The impact on court on children: Research findings and practical recommendations. Journal of Interpersonal Violence, 9, pp. 238–257, 1994.

    Google Scholar 

  • Lipovsky, J., R. Tidwell, J. Crisp, D. Kilpatrick, B. Saunders and V. Dawson, Child witnesses in criminal court: Descriptive information from three southern states. Law and Human Behavior, 16, pp. 635–650, 1992.

    Google Scholar 

  • McFarlane, K., Diagnositic evaluations and the use of videotapes in child sexual abuse cases. University of Miami Law Review, 40, pp. 135–165, 1985.

    Google Scholar 

  • Melton, G, G. Goodman, S. Kalichman, M. Levine, K. Saywitz and G. Koocher, Empirical research on child maltreatment and the law. Journal of Child Psychology, 24(Suppl.), pp. 47–77, 1995.

    Google Scholar 

  • Parker, J. The rights of child witnesses: Is the court a protector or perpetrator? New England Law Review, 17, pp. 643–717, 1982.

    Google Scholar 

  • Pipe, M.E. and J.C. Wilson, Cues and secrets: Influences on children's event reports. Developmental Psychology, 30, pp. 515–525, 1994.

    Google Scholar 

  • Saywitz, K. and G. Goodman, Interviewing children in and out of court: Current research and practice implications. In: J. Briere, L. Berliner, J. Bulkey, C. Jenny and T. Reid (Eds), The APSAC Handbook of Child Maltreatment, pp. 297–318. London: Sage, 1996.

    Google Scholar 

  • Saywitz, K.J. and L. Snyder, Improving children's testimony with preparation. In: G.S. Goodman and B.L. Bottoms (Eds), Child Victims, Child Witnesses: Understanding and Improving Testimony, pp. 117–146. New York: Guilford, 1993.

    Google Scholar 

  • Swim, J.K., E. Borgida and K. McCoy, Videotaped versus in-court witness testimony: Does protecting the child witness jeopardise due process? Journal of Applied Social Psychology, 23, pp. 603–631, 1993.

    Google Scholar 

Download references

Authors

Rights and permissions

Reprints and permissions

About this article

Cite this article

Wilson, J., Davies, G. An Evaluation of the Use of Videotaped Evidence for Juvenile Witnesses in Criminal Courts in England and Wales. European Journal on Criminal Policy and Research 7, 81–96 (1999). https://doi.org/10.1023/A:1008740231642

Download citation

  • Issue Date:

  • DOI: https://doi.org/10.1023/A:1008740231642

Navigation