Max Hill QC, Chairman of the Criminal Bar Association, appeared on the BBC Radio 4 "Today" programme. He was interviewed about a report published in the journal "Child Psychology", alongside the report's author, Prof. Michael Lamb. The report argues that very young child witnesses of abuse have been shown to be reliable when giving evidence about that abuse when interviewed with appropriate sensitivity. It was suggested however that the normal methods of cross-examination in court were an inappropriate method to test such a young witness' account.
Max Hill set out clearly the current position under the Youth Justice and Criminal Evidence Act 1999 and the relevant judgments of the Court of Appeal. Courts always consider the competence of a witness (of whatever age) to understand questions put and to give comprehensible answers. In the case of young children and other vulnerable witnesses, special rules on the manner of questioning are applied strictly by the courts, and indeed by the advocates concerned, who undergo (at their own expense) dedicated training in this field. There was no disagreement between Prof. Lamb and Max Hill QC that the courts take very seriously their role in ensuring that very young witnesses are properly treated. Max Hill mentioned in addition the role of intermediaries who sit with the witness(es) concerned and assist the court in obtaining the best evidence from them. He also underlined the central role of the jury in deciding whether that evidence, in all the circumstances of it being given, is reliable.
The Interview can be heard
here on BBC iPlayer.
