On the 30th December 2016 a statement by the President of the Family Division, Sir James Munby was published by the Ministry of Justice which highlighted the need for immediate reform regarding cross examination of children and vulnerable witnesses in family courts. He stated ‘the family justice system lags woefully behind the criminal justice system’.
This statement has sparked interest from lawyers and other legal professionals and could possibly lead to proposed reforms this year.
It seems that one view in relation to family proceedings is that the main concern is to get the truth from witnesses so that the court may assess the reliability of the evidence.
Of course, it does not seem just for vulnerable witnesses or children to be cross examined in a harsh or pressured manner or by someone who may have a negative impact on them.
In the case of Re W [2010] Lady Hale stated ‘The important thing is that the questions which challenge the child’s account are fairly put to the child so that she can answer them, not that counsel should be able to question her directly.’
However, this procedure may have limitations, if questions cannot be asked fairly in line with the effects the question may have on a witness then can the trial be fair if the evidence is not presented?
It would make more sense surely to adapt special measures so that the quality of evidence remains reliable regardless of the method of cross examination of children and vulnerable witnesses. Jacksons works closely with clients who unfortunately need to enter the court arena and if you need advice or assistance with the same then please do not hesitate to call Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621.
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