Children In Court

[Student2]

At what age can a child testfy in court? For example, an assault has happened and a child/children were witness to the incident, what would happen?

[beverleymot]

i stayed at a guest house in newquay wen i was14 and trhe police came round looking for witnesses for a murder that took place the night before in the hotel next door. they couldn't interview me or question me as a witness as i was too young, so if it helps i think you have to be over 14 minimum

[Buenchico]

There is no minimum age to give evidence in court but (in the case of a jury trial before a Crown court), the judge is obliged to warn the jury (where very young children are concerned) that they need to consider whether the child is old enough to fully understand the questions and/or the difference between fact and fantasy.

There have been cases where videotaped evidence from 3 and 4 year olds has been accepted in court (particularly where the the defendant has been accused of abusing a child). The Crown Prosecution Service would think very carefully before calling a child to give evidence in person (and face cross-examination by the counsel for the accused). They would have to consider whether the child was old enough for their evidence to be considered as totally reliable (and then make an application for their evidence and cross-examination to be made via a video link, rather than actually in the intimidatory surroundings of a court room). They would also have to balance the welfare interests of the child against the importance of obtaining a conviction.

The Crown Prosecution Service policy document is here:
http://www.cps.gov.uk/victims_witnesses/childr en_policy.pdf

Chris