A witness or defendant usually stands in the witness box and swears an oath to tell the truth. The witness or defendant is asked questions by the defence, any co-defendants, the prosecution and sometimes the judge. A witness explains their version of events (this is called examination in chief), they may also be asked questions that disagree with what they have said, this is called cross examination.
Any child giving evidence in court, whether a defendant or a witness is entitled to special measures to make it easier for them to give evidence.
Child witnesses should be offered a court familiarisation visit before the day they need to go to court to give evidence.
There is a presumption that child witnesses will give their evidence by recorded video and any further evidence by livelink if required. A child may opt out, subject to the agreement of the court, and give evidence in court instead. In that case, there is a presumption that the child will give evidence from behind a screen. It is also possible for a child defendant or witness to give their evidence without the screen in court if they wish to opt out and the court agrees. The child will be asked to promise to tell the truth, rather than taking an oath.
The lawyers should consider the child’s age and understanding when asking questions to make sure that they fully understand.