Participation
Agencies will make every effort to make participation in the criminal justice system accessible to child witnesses and their family/whānau.
In this section
Overview
Entering the criminal justice system is a confusing and stressful experience for any witness, let alone a child witness. It is also highly stressful for family/whānau who want to do their best to support the child.
Agencies can help the child witness and the family/whānau feel a greater sense of control and assurance as participants in the process by ensuring that child witnesses, and their families/whānau understand:
- the role(s) that they will play in the investigation and any case and
- the options at each point in the process for how they can participate.
Agencies can also assist the child witness and their family/whānau choose the most appropriate option for their participation.
To assist making the criminal justice system accessible:
The investigation
The Police OC is responsible for seeking the views of the child witness about what support they would like throughout the process and explaining all the options available.
Police will ensure that any support people are briefed on their role and are assisted to fulfil that role.
The Police OC will explain to the witness and family/whānau what the forensic interview is for and how the interview will work.
The Police OC will discuss with the child’s family/whānau how to talk about the case with the child, including the need to avoid contaminating evidence throughout the process.
The Police OC will inform the child witness and family/whānau of the likelihood that the child witness will need to appear in court.
Preparing for court
Where the child witness is a victim of the crime
The Police OC will notify Court Services for Victims regarding all victims relating to cases proceeding through District or High Courts.
A victim advisor will contact the child witness or their family/whānau and offer their services throughout the court process, and if accepted, will fully explain the court process to the child witness and their family/whānau.
The victim advisor will also offer the Court Education for Young Witnesses service.
The Police OC will ask the child witness if they would like to make a victim impact statement. The child’s parent can also prepare a Victim Impact Statement. The Police OC or another support agency can help the victim write this statement.
Where the child witness is a victim of certain serious offences, the Police OC will offer the witness and their family/whānau the opportunity to join the victim notification system and help fill out the registration form.
If the child witness or their family/whānau has accepted Court Services for Victims, the victim advisor will make sure that the child witness and their family understand what is likely to happen on the day they are to give evidence.
All child witnesses
The Police OC will advise all witnesses how to access the Education for Young Witnesses service.
The Police OC will make arrangements for key child witnesses to meet with the prosecutor prior to the trial to discuss what will happen when they are giving evidence.
The Police OC will not discuss evidential matters with the child witness, unless there is something specific the prosecutor wishes to discuss with the witness. To refresh the witness’s memory before giving evidence the Police OC will provide the child with an opportunity to review their witness statement (including any forensic interview). This should take place within a week of the hearing or trial, but the timing will vary depending on the circumstances of the case.
The prosecutor, with assistance from the Police OC, will make applications to ensure the requested support person or people can sit with the child when he or she is giving evidence.
If the child has accepted the Court Education for Young Witnesses service, the victim advisor will arrange a courtroom visit to familiarise the child and their family with the courtroom and the role of the people involved with the trial. This can also be arranged with the Police OC or court staff.
The Police OC will provide whatever practical assistance they can to ensure a witness is able to get to court to give evidence. This may include help with travel and accommodation expenses as prescribed in the Witnesses and Interpreters Fees Regulations 1974.
At court
Either the victim advisor or the Police OC will meet the child witness at court and arrange a suitable space for the child and their support person and/or family/whānau to wait.
If the child is giving evidence by closed circuit television (CCTV), a court registrar will sit in the CCTV room with the witness and explain the process. They will also swear/affirm the oath to the witness if necessary, show the child any exhibits and ensure the support person does not interfere in any way with the child giving evidence.
If the child witness is required to wait at court after giving evidence, the victim advisor or Police OC will arrange a suitable waiting space for the witness and their support person/people.
The Police OC or the victim advisor will ascertain from the victim and the family/whānau if they wish to read from their victim impact statements at sentencing or have someone else read for them. If so, the prosecutor will pass this request on to the judge.
Family group conferences
Where the child witness is also a victim they have specific and important rights in the family group conference.
The Police can refer a young offender to a family group conference or when a case is proven against a defendant who is a young person, the court will direct that a family group conference take place to consider how to deal with the young person and his or her sentencing options.
The youth justice coordinator (employed by Child, Youth and Family) is required to consult the victim about the time, date, and place of the family group conference, and to take the victim’s views into account at all stages in the process.
Victims, as members of the family group conference, must agree to the decisions before the plan can be finalised. Victims can then ask to be kept informed of the child or young person’s progress in completing the plan and will be informed when the plan is completed.
