PROTECTING CHILD WITNESSES: NEW DEVELOPMENTS AND IMPLICATIONS FOR SOCIAL WORKERS
DOI:
https://doi.org/10.15270/47-2-135Abstract
Social workers often work with child clients who need to give evidence in court. Unfortunately these children are vulnerable to secondary systemic abuse. Feelings of intimidation at court may also adversely affect the accuracy of their evidence, leading to an inappropriate outcome (Hall, 2009; Muller & Van der Merwe, 2005). Many countries have therefore introduced technology-based protective measures to reduce the stress experienced by child witnesses. These include pre-recorded evidence, separate-venue testimony with a video link, and intermediaries. In South Africa it is important that social workers have a good understanding of the legal framework. They are often in a position to provide pre-court assessments motivating for protective measures. They may also be called upon to give expert evidence in court on whether a particular child requires a separate venue or an intermediary.Downloads
References
DIRECTOR OF PUBLIC PROSECUTIONS, TRANSVAAL V MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND OTHERS CCT 36/08 [2009] ZACC 8.
HALL, M. 2009. Children giving evidence through special measures in criminal courts: progress and problems. Child and Family Quarterly, 21(1):65-87.
JONKER, G. & SWANZEN, R. 2007. Intermediary services for child witnesses testifying in South African criminal courts. Sur, São Paulo, v.3. [Online] Available: <http://socials-ciences.scielo.org/scielo.php?script=sci_arttext&pid=S1806-64452007000 100005&lng=en&nrm=iso>. [Accessed: 10/12/2009].
MATTHIAS, C.R. 2004. Is the court-survival lifeline for children working? Some qualitative research findings on the intermediary system. The Social Work Practitioner-Researcher, 16(3):297-312.
MELLIS, V. (n.d.). Prosecuting violence against children in South Africa. Unpublished paper.
MULLER, K. & VAN DER MERWE, A. 2004. The sexual offences prosecutor: a new specialisation. Journal for Juridical Science, 29(1):135-151.
MULLER, K. & VAN DER MERWE, A. 2005. Judicial management in child abuse cases: empowering judicial officers to be “the boss of the court”. South African Journal of Criminal Justice, 18(1):41-55.
MULLER, K. & TAIT, M. 1999. Little witnesses: a suggestion for improving the lot of children in court. THRHR, 62(2):241-258.
OVENS, M., LAMBRECHTS, D. & PRINSLOO, J. 2001. Child witnesses in the criminal justice system. Acta Criminologica, 14(2):25-40.
REPUBLIC OF SOUTH AFRICA (1 April 2010). Consolidated Regulations Pertaining to the Children‟s Act, 2005 Government Gazette No 33076, Government Printer.
REPUBLIC OF SOUTH AFRICA. Children‟s Act 38 of 2005.
REPUBLIC OF SOUTH AFRICA. Constitution, Act 108 of 1996.
REPUBLIC OF SOUTH AFRICA. Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
REPUBLIC OF SOUTH AFRICA. Criminal Procedure Act 51 of 1977.
REPUBLIC OF SOUTH AFRICA (31 March 2010). Regulations relating to Children‟s Courts and International Child Abduction Government Gazette No. 33067, Government Printer.
REYNEKE, J.M. & KRUGER, H.B. 2006. Sexual offences courts: better justice for children. Journal for Juridical Science, 31(2):73-107.
S V MOKOENA; S V PHASWANE 2008 (2) SACR 216 (T).
SCHUTTE, F. 2005. Child witnesses in the criminal justice system in South Africa: an overview of proposals for reform. [Online] Available: www.childjustice.org/docs/schutte 2005.pdf. [Accessed: 10/12/2009].
SIMON, J. 2006. Pre-recorded videotaped evidence of child witnesses. South African Journal of Criminal Justice, 19(1):56-78.
SOUTH AFRICAN LAW COMMISSION 2002. Sexual Offences: Process and Procedure. Project 107, Discussion Paper 102.
UNITED NATIONS. 2005. Guidelines on Justice Matters involving Child Victims and Witnesses of Crime.
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