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    Child Witness Service FAQ

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    March Ellene
    The document provides frequently asked questions about the Child Witness Service. It summarizes that a Child Witness Preparation Officer will be assigned to help the child through the court process and offer support. They will not provide counseling but can refer children to counseling services. It describes that children may give evidence in open court or via closed-circuit television, depending on their age and situation. It also outlines the different courts that a child may participate in and who may question the child when they are called to testify.

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    © All Rights Reserved
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    Child Witness Service FAQ

    Uploaded by

    March Ellene
    38 views3 pages
    The document provides frequently asked questions about the Child Witness Service. It summarizes that a Child Witness Preparation Officer will be assigned to help the child through the court process and offer support. They will not provide counseling but can refer children to counseling services. It describes that children may give evidence in open court or via closed-circuit television, depending on their age and situation. It also outlines the different courts that a child may participate in and who may question the child when they are called to testify.

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    The document provides frequently asked questions about the Child Witness Service. It summarizes that a Child Witness Preparation Officer will be assigned to help the child through the court process and offer support. They will not provide counseling but can refer children to counseling services. It describes that children may give evidence in open court or via closed-circuit television, depending on their age and situation. It also outlines the different courts that a child may participate in and who may question the child when they are called to testify.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    38 views3 pages

    Child Witness Service FAQ

    Uploaded by

    March Ellene
    The document provides frequently asked questions about the Child Witness Service. It summarizes that a Child Witness Preparation Officer will be assigned to help the child through the court process and offer support. They will not provide counseling but can refer children to counseling services. It describes that children may give evidence in open court or via closed-circuit television, depending on their age and situation. It also outlines the different courts that a child may participate in and who may question the child when they are called to testify.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Child Witness Service

    Frequently asked questions

    The police have told you about my child. What happens next?

    A child witness preparation officer (CWPO) will be allocated to your child. You will be contacted by the
    CWPO (usually within 48 hours of a referral being made) by telephone or letter. The CWPO will tell you
    more about the role of the Child Witness Service and you will be offered an appointment.

    Help from the Child Witness Service is free and is provided by the Department of the Attorney General. The
    service is available for all children and young people up to and including 18 years of age. The child can be
    either a victim (complainant) or a witness to a crime.

    My child has recorded their police interview. Does he/she still have to give evidence in
    court?

    Yes. Your childs police interview will only form part of your childs overall evidence.
    Your CWPO will discuss your childs individual circumstances at the first meeting. However, you are
    welcome to contact your CWPO if you have any questions.

    How will my child give evidence?

    The way that your child gives evidence will depend upon a range of factors including the type of charge,
    age of the child and their role in the trial. Children can either give their evidence in open court or via closed
    circuit television (CCTV). It is not automatic for all children to give their evidence via CCTV. Please speak
    with your CWPO to discuss your childs individual situation.

    Does CWS provide counselling for children?

    No. However, your CWPO can help by referring your child to an appropriate counselling service.

    Do children always have to give evidence?

    No, not always. While children usually provide evidence, there are some situations in which they may not be
    required to. Your CWPO will advise you of the specific situation for your child.

    Which court will deal with my childs matter?

    Children give evidence as witnesses in a number of courts. The age of the accused person and the type of
    the charge(s) they face will determine which court the matter will be heard in.

    Children may be involved with four different courts:

    Childrens Court
    A matter is usually heard in the Childrens Court if the accused was under the age of 18 years when the
    alleged offence took place. There are some exceptions to this rule your CWPO will discuss this with you if
    relevant to your childs case.

    Magistrates Court

    The Magistrates Court deals with adults aged 18 or over, required to appear in court after being charged
    with a criminal offence.

    Some criminal offences are known as 'simple offences' and will be dealt with in the Magistrates Court.
    More serious criminal offences, known as 'indictable offences', start in the Magistrates Court. While some of
    these offences (known as 'either-way' offences) may be dealt with in the Magistrates Court, the most
    serious offences are sent on to be heard in the District or Supreme Courts.

    District and Supreme Courts

    The District Court and the Supreme Court only deal with indictable offences. Indictable offences are
    serious crimes for which a person may be tried by a judge and jury. Should the accused be convicted of an
    indictable offence, the sentencing options available to these courts are harsher than those offences dealt
    with in the Magistrates Court.

    The Supreme Court also hears any appeals for convictions and sentences.

    How long will court take?

    Each case is very different, however the court process is generally lengthy. Your CWPO will discuss this
    further with you.

    Who else might my child talk to during the court process?

    In addition to your CWPO, your child may have contact with the judge or magistrate, prosecutor, defence
    counsel, court appointed officer, usher and police.

    How can I be sure my child will be safe?

    The Child Witness Service aims to offer a safe and secure environment for your child. Please discuss any
    concerns you have with regards to your childs safety with your CWPO.

    When a child gives evidence, who will ask the questions?

    Generally your child will be asked questions by the judge or magistrate, prosecutor and defence counsel.
    Your CWPO will be able to provide more specific information with regard to who will question your child.

    What is a victim impact statement?

    A victim impact statement (VIS) is a document that allows your child to tell the judge or magistrate about
    any impact that the offence(s) have had on their life. The VIS can only be used if the matter proceeds to
    sentencing. Your CWPO will be able to provide you with further information about a VIS, as well as advising
    you when it is time to complete one.

    How do I find out what is happening in court?

    Your childs preparation office will contact you each time the accused person appears in court and will
    advise you of the next court appearance date.

    The CWPO will contact you well before the date your child is required to give evidence to arrange court
    preparation sessions.

    Does my child need to go to every court appearance?

    No. It is not necessary for you or your child to attend all court appearances, as your CWPO can tell you
    what happened. If you or your child want to go to court, contact your CWPO to talk about whether this is
    appropriate and the court support that is available.
    I live a long way from court, can I get help to attend court when my child gives evidence?

    In some cases, help may be provided. Usually the Office of the Director of Public Prosecutions or Police
    Prosecutions are responsible for providing this assistance. Please contact your CWPO to further discuss
    your needs.

    My child is very worried, how can CWS help?

    Your CWPO will provide ongoing support to your child throughout the court process and is able to spend
    time with your child to talk about their specific concerns and worries.

    What arrangements can be made for my other children on the day my child gives
    evidence?

    The Department of the Attorney General can help with the costs of child-minding, if required. It is important
    that child-minding is arranged prior to the court date. Please contact your CWPO for further information.

    Who will hear my childs evidence?

    In most cases, matters are held in an open court. This means that many people may be present when your
    child provides his/her evidence. They include:
    judge or magistrate
    prosecutor
    defence counsel
    court personnel
    the accused person(s)
    security officers.

    It is important to note that members of the public, including supporters of the accused, the complainant and
    your child may also be present. In some cases, members of the media may also attend. Your CWPO will be
    able to provide further information regarding the situation for your child.

    Can I listen to my childs evidence?

    This will depend upon you and your childs role in the court proceedings. Please speak with your CWPO to
    obtain information for your case.

    I am also a witness. Who can help me?

    Your CWPO can provide you with general information about your role in the court proceedings. If you have
    further questions or need more support, a referral can be made to the Victim Support and Child Witness
    Service. Alternatively, you can contact the Office of the Director of Public Prosecutions, the investigating
    police officer or the police prosecutor directly for further information.

    My child has special needs, how can CWS help?

    The Child Witness Service works with many children, all with a different set of needs. Your CWPO will
    discuss your childs individual needs and any concerns you may have at the initial meeting. This will enable
    your CWPO to represent the best interests of your child.

    When will my child give evidence?

    This very much depends on the court the matter is being heard in and the trials progress. Whilst it is difficult
    to provide a day and time for your childs evidence, your CWPO will try to keep you up to date with the
    progress of the matter.

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