Minutes:
(1) Mr Peach and Mrs Utting introduced the Kent Child Witness Service (KCWS) and outlined its origins and role, and the framework within which it operates. They also showed a video which followed a young woman attending Court to give evidence. Arising from their presentation, and in response to questions from Members, the following points were highlighted:-
(a) KCWS was established in 1997 by a partnership of Victim Support, the Police, the Crown Prosecution Service and Social Services, in response to an identified need to support children who need to attend Court proceedings to give evidence. These partners still serve together on KCWS’s committee.
(b) The service originally supported 100 children when it was established, but has grown since to help many more. Many attend open court, but ‘special measures’ (for example, giving evidence using a video link or from behind a screen) is increasing now. 750 children used the video link service to give evidence in 2006/2007.
(c) The service works with young people aged 17 years and under, attending both Magistrates and Crown Courts. The service is totally impartial and works with prosecution and defence witnesses. The process followed is exactly the same for each.
(d) The role of the KCWS, once a child has been referred to them by the Police, is to prepare that child to attend Court by visiting them at home and talking to them about the procedure, using literature appropriate to their age group and offering a pre-trial familiarisation visit to the Court premises.
(e) There are very definite guidelines within which the service has to work, to avoid compromising the case and its own role and integrity:-
(i) when visiting a child at home, a volunteer cannot discuss the case or the child’s experience;
(ii) the volunteer cannot coach the child in the evidence they will be giving;
(iii) volunteers have to have an understanding of the rules of evidence and be aware of what behaviour might contaminate or compromise that evidence;
(iv) a volunteer must not transport the child/family to court as this may leave the way open for suggestions that the case might have been discussed on the way;
(v) volunteers report back to KCWS on their visit to a child and specify what was covered in it. They stick closely to the set literature and standard procedures and approaches.
(f) In visiting a child at home, KCWS volunteers have the opportunity to build a relationship with the family. The family is often more anxious about the Court appearance than the child.
(g) All KCWS staff and volunteers are CRB checked. Volunteers who wish to work with the service must already be experienced Victim Support volunteers. Volunteers are given 7 days’ core training, as a Community Services Volunteer or Witness Service Volunteer and those wishing to become KCWS staff receive a further 2 days’ training arranged and delivered by Kent Police.
(h) Courts are able to offer some flexibility over how a young person presents their evidence. A request for ‘special measures’ should be made 28 days in advance of the hearing date, although this can be challenged if it is thought unreasonable, and may not ultimately be granted by the judge or magistrates. Unfortunately, at present, giving evidence using a video link would mean the defendant could see the child, but giving evidence from behind a screen in the court room means the defendant could not see the child. The two parties are kept separate throughout the proceedings. Special measures would mean an interpreter or British Sign Language signer can be arranged to assist a child if needed. A child with learning difficulties can have their caseworker present if both parties in the case agree.
(2) Members were most impressed with the care taken to support and accommodate a child through the Court process, the excellent work of the KCWS staff and volunteers, and the quality of the preparative literature. Members were also offered the opportunity to visit the Court to see the facilities available and arrangements made for child witnesses.
(3) RESOLVED that the excellent presentation, video and information given in response to questions be noted, with thanks, and Kent Child Witness Service staff and volunteers be commended on their excellent work.