How Long Before A Magistrates' Trial Will A Youth Witness Know That Is Taking Place?

[Tommy_Thumby]

Is it a case of a few days or weeks?

Also, it would help me out if you could point me in the direction of noted cases where the accused is an adult and all witnesses are children.

Are these cases treated any differently?

Thanks all. Tom

[New Judge]

Length of time to trial date varies between areas but can be up to three months from first appearance.

There are no fundamental differences in trial processes just because all witnesses are youngsters. However, particularly if the witnesses are under sixteen, they will be allowed "special measures" which means they will may provide their evidence in the form of a pre-recorded interview usually taken at the police station. If they are needed in court they will be allowed to give evidence either from behind screens or, more usually, via a video link.

[Tommy_Thumby]

Thanks New Judge. What I mean is, when will the witnesses know that a trial will take place?

[sandyRoe]

You'd think that they'd have to know as early as possible to make whatever arrangements are needed.

[New Judge]

Normally within a week or so of the trial date being set the witnesses are "warned" that they need to attend. Before this, however, a "case management" hearing is held and at this the prosecution (if the youngsters are prosecution witnesses) or the defence (if they are defence witnesses) should have made the court aware of any dates the witnesses may not be able to attend. So they should already (via their parents/guardians) have been asked about their availability.

The police have a "witness care" office and if you need any information about the case you should contact them (details from the nick serving the area where the court is located).

[tonywiltshire]

Everyone is considered to be competent to give evidence unless there is something to suggest otherwise and as stated a child is no exception, except evidence given by a child under 14 is given unsworn, the Children and young persons act 1933, mentions children “of tender years” but this was repealed by the Criminal Justice act 1991 and the competence of children whether “of tender years” or not is determined as for other persons.

[Tommy_Thumby]

Great answers! I'm working on youth & the criminal justice system for A-level at the moment hence the question.

Would it be fair to say that young witnesses between the ages of 11 - 16 tend to 'bottle it' before having to give evidence.

If there were two child witnesses of a crime each on other sides and the defence witness dropped out, would the trial still be considered fair? Thanks for you answers. Tom