Protecting children in criminal proceedings: parity for child witnesses and child defendants [2006] CFLQ 397

This article examines how the criminal justice agencies are implementing the legislative and administrative measures designed to enable child witnesses to give their best evidence in criminal proceedings. It draws upon empirical research that found that child witnesses are not always being afforded the benefits that the Youth Justice and Criminal Evidence Act 1999 envisages should be available to them. One of the reasons for this may be the exclusion of child defendants from the protective regime. The research found a perceived need for parity of treatment where both the defendant and other witnesses in the case are children.