Protecting the Innocent

Justice

Miller Caldwell

This article appeared in the Scottish Review Winter 2002

“Scottish Sheriffs in Dundee have heard evidence at the Children’s Hearing Centre, the forum which sends the case to court for determination. It simply does not make sense that only an Angus district child can receive this enlightened treatment”.

Miller Caldwell’s petition to the Assembly was that no child in Scotland required to provide evidence as a victim of abuse, should be cited to a Sheriff or High Court. The venue for hearing evidence of a child should be at the offices of the Children’s Reporter in each Authority:

Since 1980 courts have seen an upsurge in the number of children attending court as witnesses. The vast majority of these cases related to a lack of parental care or sexual abuse of the child.
In December 1990, the Lord Justice General, on the recommendation of the Scottish Law Commission, issued written guidelines for such circumstances. The general objective was to ensure as far as possible that the giving of evidence by all children under the age of 16 caused as little anxiety and distress to the child as possible.
This code allowed for the removal of wigs and gowns, the positioning of the child around a table rather than being in the witness box, the support of a relative or friend in court and the removal of the public.
By the early 1990s, the criminal court in Scotland had in practice a code of conduct to deal with child witnesses in court. Children, who may not have been protected within the community, were now being given limited protection when they attended court to give evidence. But complaints were still arising.
In 1993, with the passing of the Prisoners and Criminal Proceedings (Scotland) Act, we saw the provision of CCTV and screens to protect children from giving evidence. It would be wrong to imply, however, that screens are readily available in courts; and CCTV is not yet widely available.
In 1997, two additional provisions were made. One was to recognise a range of vulnerable persons including children over the age of 16 suffering from intellectual and behavioural impairment and, secondly, a mechanism for dealing with applications for special arrangements before a trial date.
The decision of the European Court of Human Rights in 1999 in the Thomson and Venables case brought about a fundamental review of how courts in Scotland should accommodate children sent for trial. These procedures remain in their infancy. The role of the child psychologist in court stems from this ruling.
In Glasgow Sheriff Court, there were plans (in June 2001) to provide small tables and chairs for children. And a more flexible audio system in court was being arranged.
That then is the current situation in Scotland. Well-intentioned professionals trying their best within the hubbub of daily court life. But it really is only tinkering isn’t it? After 24 years the system has had a dusting over. It needs a room change.
Four recent concerns have led to this petition.

1. In July 2001, at the High Court in Edinburgh, a psychologist deemed a child unfit to give evidence and a well-publicised case of an alleged paedophile ring was abandoned.

2. Also that month, a grandmother complained about the treatment of her grand-daughter, alleging that the Sheriff Court procedures had further abused her grand-daughter. A report was sent to the local child protection committee.

3. In September, the Millan Report into the state of mental health provision in Scotland was presented to the Scottish Executive. Nearly all of its 400 recommendations are being welcomed by the Executive. One recommendation is that all cases of mental health compulsory treatment should be taken our of the Sheriff Courts and given to independent tribunals – adult vulnerable witnesses being heard out-with courts!

4. Finally, since 1993, Sheriffs in Dundee have often heard evidence at the Children’s Hearing Centre in Commercial street as their court – the forum which sends the case to court for determination.

It simply does not make sense that only an Angus child receives such enlightened treatment. ( I believe during a period of Court renovation in Glasgow, cases were held at the hearing centre for a few weeks).

Frankly, COURTS WERE NOT BUILT FOR CHILDREN.

That is why I have placed this petition before you. I welcome your support.