Special Measures for Children in Court: Law in Action in a Multi-agency Committee

ABSTRACT

Approximately 25 years ago, special measures were adopted in many jurisdictions to support child sexual assault complainants in legal proceedings. This study tracked activities of a multi-agency committee of criminal justice professionals, including social workers, in enacting those provisions. We manually reviewed 99 sets of minutes of meetings of the New South Wales Sexual Assault Review Committee, spanning over two decades. Findings identified numerous gaps between legislation and practice, and the actions of this group, led by prosecutors, to narrow those gaps. Qualitative analyses revealed more focus on legislative issues and research in the early years, when closed-circuit television (CCTV) use commenced. Key evidence-based recommendations of the Committee were: (1) prerecorded evidence-in-chief of complainants; (2) cross-examination via CCTV; and (3) witness intermediaries. Investigation of and responses to stakeholder feedback on practice issues was an integral and consistent function of the Committee. In later years, the focus shifted to technological and administrative difficulties with prerecorded police interviews, CCTV, and court closure.

IMPLICATIONS

• Longitudinal analyses revealed longstanding and robust issues in implementing special measures to improve experiences of vulnerable complainants in giving evidence.

• Proactive prosecution leadership and multidisciplinary membership contributed to a well-informed, evidence-based focus on the needs of vulnerable witnesses.

• Stakeholders from multiple agencies collaborated efficiently to resolve many practical issues, but improvements to certain systemic issues require resources beyond their capacity.

大约25年前，许多司法管辖区采取了一些特别步骤，以支持在法律程序中做儿童性侵控告。本研究追踪了一个旨在推行这些办法的刑法专业人士（包括社会工作者）的多机构委员会。笔者对新南威尔士性侵审查委员会二十年间的99份会议记录做了人工梳理。笔者确认了立法与实践之间存在的诸多缺口，以及由检察官领导的这个委员会所采取的缩小缺口的行动。根据定性分析，该委员会早年的工作重点在立法问题和研究方面，那时闭路电视刚开始使用。委员会基于证据的关键性建议包括：1）预录的、证据为主的指控；2）通过闭路电视的质证；3）中间证人。调查以及在实践问题上对相关方反馈的应对也是委员会固有和一贯的功能。后来的工作重点则转移到预录的警察面谈、闭路电视、法庭闭庭等方面技术及管理上的难点。

KEYWORDS:

• Child Sexual Abuse
• Closed-circuit Television
• Evidence-based Practice
• Multi-agency Response
• Prerecorded Evidence
• Special Measures

Acknowledgements

We are grateful to Melissa Martin, Jake Miyairi and Ida Nguyen for research assistance.

Disclosure Statement

No potential conflict of interest was reported by the authors.

ORCID

Jane Goodman-Delahunty http://orcid.org/0000-0003-4409-0063

Natalie Martschuk http://orcid.org/0000-0002-2963-6139

Martine Powell http://orcid.org/0000-0001-5092-1308

Nina Westera http://orcid.org/0000-0002-8594-3686

Additional information

Funding

This research was supported by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Statements of fact, opinion, and analysis are those of the authors and do not reflect the official policy or position of The Royal Commission or NSW government.