Safety
Agencies will always take appropriate steps to secure the safety and wellbeing of the child witness and the family/whānau members supporting them.
In this section:
Overview
Child witnesses and their family/whānau may need assurance that they will be kept safe when they participate in the criminal justice process. Even seeing the defendant/accused or their supporters in the courthouse can increase the anxiety of child witnesses.
Agencies will work together to provide appropriate assistance to child witnesses and their families/whānau so that their safety and security is maintained.
To ensure safety and security:
The investigation
The Police OC, with Child, Youth and Family where involved, will identify and seek support from the child’s support network to ensure the safety and wellbeing of the child witness.
The Police OC will ensure that the witness and family/whānau members understand all the options available to them to assist with their security (eg protection orders, relevant NGOs).
Where the child witness is a victim of certain serious offences , the prosecutor must make reasonable efforts to obtain their views on the release of the accused on bail and to present these views to the court on the first appearance of the accused person. The Police OC will usually take responsibility for talking to the child and their family about their views on bail.
If the child witness is the victim of certain serious offences , Police will offer the child witness the opportunity to register for the victim notification system.
Preparing for court
If the child is a victim, the victim advisor will liaise with court staff, the Police OC and the prosecutor to ensure any security or practical needs are worked out prior to the trial day.
The Police OC will ensure that the child witness and their family/whānau understand the rules around name suppression. The Police OC is responsible for ensuring that the child witness and their family/whānau understand the options for feeling secure while giving evidence.
The prosecutor will make an application to the judge to give evidence in a different way (eg requests for screening, clearing the court, giving evidence by CCTV etc).
The Police OC, in conjunction with the prosecutor or Crown solicitor, is responsible for applying for an anonymity order for the child witness and their family if giving evidence could put the child witness in danger.
At court
Where necessary, the Police OC or victim advisor will meet the child witness outside the court and arrange a suitable way of entering to ensure that the witness and their support people feel secure.
The Police OC or victim advisor will ensure that the child witness and family/whānau have access to a suitable waiting space where they will not encounter the defendant/accused or their family.
At the conclusion of proceedings, where the child witness is a victim of certain serious offences, the Police OC or victim advisor will ensure the child witness and family/whānau have the opportunity to register with the victim notification system if they have not already done so.
