Support
Agencies will ensure that the child witness and their family/whānau have appropriate support throughout the criminal justice process.
In this section
Overview
Being involved in criminal court proceedings can be very stressful for child witnesses. Making sure the child has appropriate support will assist the child’s wellbeing during and after the process, as well as enhancing the accuracy and credibility of their evidence .
The case can also be personally difficult for families/whānau of a child witness. Even hearing the facts of the case can be very distressing for people who care about the child. Agencies will consider the needs of the family/whānau as well as of the child witness and take into account significant stress(es) recently experienced by the child and family such as bereavement, sickness, family break-up, domestic violence, or moving house and any agencies or organisations that are involved with the family.
There may also be a need to make special arrangements for consultation with family/ whānau where the alleged offender is a parent or family member. This includes acknowledging the fact that the family may not always support the child; all or part of the family may believe the offender’s version of events or disagree with the child’s decision to talk about events outside the family.
To ensure appropriate support:
The investigation
The Police OC, with the Child, Youth and Family social worker if involved, is responsible for identifying suitable support people for the child witness, explaining their role to them and assisting them to fulfil that role. Providing support people from the same culture as the child may be beneficial. There may be different support people at different parts of the process.
The Police OC, and the Child, Youth and Family worker if one is involved, are responsible for ensuring that the family/whānau are directed to all available support both through the criminal justice process and from other support organisations.
Following a forensic interview, the interviewer may recommend that the Child, Youth and Family social worker make a referral to services such as counselling support where there are ongoing care and protection issues. The social worker will consult with the child’s family and whānau about any referrals made.
Where Child, Youth and Family is involved, it will co-ordinate referrals to organisations like ACC for the provision of support such as counselling to address the child’s needs.
The Police OC will direct the child witness or their family/whānau on how to apply for any grants that they may be eligible for after reporting the crime.
Preparing for court
Either the victim advisor or the Police OC will let the witness and family/whānau know what practical and personal support is available through both the criminal justice system and other support agencies, and direct them on how to apply for any grants they may be entitled to for attending court and other expenses.
The Police OC or victim advisor will talk to the child witness to find out what support person or people they wish to have with them when giving evidence.
The prosecutor will make the necessary applications for approval of support people for the witness.
The Police OC or victim advisor will explain to the support person or people how they should behave while the child is giving evidence.
At court
Court staff will ensure that there is appropriate seating for support people.
The Police OC will check with the child and their family/whānau once the child has given evidence to answer any questions the child and their family may have. Where the Police OC is unavailable, this role may be filled by the victim advisor or any other support person (such as a Victim Support worker) working with the child and their family. If there are any questions that can only be answered by the Police, the victim advisor or support person will pass the questions onto the Police OC who will contact the child and their family/whānau.
