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[admin]

POST DATE
10/05/2009 00:04:38 There are many reasons why video recording ALL witnesses statements would be beneficial to all concerned and remove the element of doubt as to whether or not someone said what it is reported they have in their statements. In this day and age with even traffic wardens using digital cameras on their hats to record events, there is no justifiable reason as to why it shouldn't be the case.

However the case for video recording witness statements is fundamentally more compelling with regard to the most precious people in our population, our children. Not only is it important to be accurate over what is said and not said, but the manner in which comments are made by both child and interviewer alike. With both prosecution and defense counsel in possession of such a recording no further doubt could remain as to the circumstances in which child evidence is acquired. I feel it is important to note that this is not simply an opinion of my own, but any of you who have read the guidelines on child witnesses will also be aware that the need to have video recordings of child & other vulnerable witnesses is covered within the report.

For me this means that these measures should already be in place, guidelines do not exist for no reason and it should not be at the whim of an investigating officer as to whether they are complied with or not, they should be mandatory and the statement in it's entirety inadmissible should the protocol not be followed to the letter. Our children deserve that they are treated properly and video recordings will ensure that they are, not only of the statement itself but of all required phases in the procedure that are necessary to ensure their well-being is preserved. This would include recording the planning phase which is required before any interview even takes place to ensure that views expressed by all professionals concerned with a minors best interests are noted and adhered to. After all, if nothing untoward is going on, why would anyone object? These video's could then also be admitted in court rather than subjecting the child to further unnecessary stress if no further questions are necessary.

I'm sure you'll agree with how important this issue is when it involves those least able to look out for themselves, and would urge you to make your opinion heard by voting yes to the following poll question, and there after invite you to post your comments.

 

[Judge dread]

POST DATE
10/05/2009 12:15:34 Good afternoon Billy. Have just read your post regarding the interviewing of child witnesses and vulnerable witnesses. I agree wholeheartedly with your comments and have cast my vote. This would seem to be an obvious step forward in the interests of fair play for all concerned. Well done, keep up the good work. Your site continues to grow from strength to strength. 

[jane2452]

POST DATE
10/05/2009 12:54:14 Well it took me no time to decide my vote. If my child had gone through or been in a situation where they then needed to be police interviewed I would definately want it to a one off if possible-the thought of them further testifying in court and possible appeals etc would be horendous-surely it's better for them phychologically too not to have to trail through an event over and over again.

I think it would need to be very descreet though and possibly would involve some consent issues-the whole interviewing process is daunting enough, but for me it's a definate yes.

[Sandra Lean]

POST DATE
10/05/2009 13:16:23 I'm a 100% yes on this one.

Some of you may be aware of my involvement with the Luke Mitchell case. Within half an hour of finding his girlfriend's horribly mutilated body, this 14 year old child was taken, alone, to the police station, stripped, medically examined, blood and saliva samples taken, fingernails scraped, and then answered questions for another six hours. Four days later, more than a dozen police officers descended on his house at 7am, and he was questioned for another 6 hours. On the night of the murder, there was no repsonsible adult present. The second questioning, he was allowed his mother present, but still believed he was being treated a a witness. The most ourageous questioning was just 6 weeks later - he had just turned 15. A "responsible adult" (social worker) sat in silence while this boy was badgered, bullied and interrogated by up to three police officers at a time. He was outright accused, lied to, asked disgusting questions about sexual behaviours, repeatedly called a liar, constantly goaded, etc

When it came to court, the prosecution selected small portions of the interview tape when Luke had retorted in frustration (after asking repeatedly for a lawyer and being told he wasn't entitled to one, he then tried to refuse to answer questions until a lawyer was allowed in, only to be hit with a barrage of accusations and abuse), in an attempt to show him as aggressive. This was after a total of 16 hours with the police, with no legal representation, and, until that point, no idea he was being treated as a suspect. However, the prosecution played only the audio tape, suitably trimmed to remove the excesses of police behaviour, and giving the jury no inkling of the distressed state Luke was in by that stage.

At appeal, the judges, calling the police behaviour "outrageous and to be deplored" then basically agreed that such behaviour was ok because it did not force Luke into a false confession.

Had the entire questioning sessions been played to the jury in video form, I'm fairly sure they would have been, at the least, most uncomfortable with this treatment of a 14 year old kid by grown men.

There are also questions hanging over the treatment of other 14 year olds who were "encouraged" to give statements against Luke - I know of one who has, to this day, never come to terms with the final "statement" as produced by the police - she still maintains it was not what she said, and the trauma of knowing she might be called to confirm it on the stand has been horrendous.

We cannot allow our children to be abused in this way. I'm sorry of anyone takes offence to my use of the term, but it is nothing less than abuse, and the long term effects can be devastating. Our children need to be protected, there are strong guidelines to ensure they are protected - making the guidelines mandatory procedure would stop police officers flagrantly ignoring them and resorting to terribly harmful measures just to get their chosen result.

[admin]

POST DATE
10/05/2009 13:45:12 I would like to keep my comments in this thread to a minimum responding only to the most significant so as it is the voice of the people speaking but following Sandra Leans post I feel compelled to highlight having been in this type of interrogation technique and knowing how traumatic it was for me at 32 years old, I think it is appalling that anyone at all should endure this treatment far less someone of 14! Disgusting, no other word for it and to think a Social Worker was there too. They're the very people supposed to be looking out for kids, mind you I have little confidence especially given what the media has shown recently in several of the cases they've been involved with.

I've not managed to claw your book off my mum yet, but her face when she is reading it says it all. Unbelievable that these are actual events and not some gruesome horror story.
 

[stingray]

POST DATE
10/05/2009 17:42:32 I thoroughly agree that interviews of witnesses, especially those involving children and vunerable persons should be video taped, but I do feel that this should be extended to all witness statements. So many wrongly accused people find themselves in the position because of statements being tampered with or mis-construed, or failure to note everthing accurately. So definitely YES from me.

[admin]

Billys Ma N Pa

POST DATE
10/05/2009 20:39:22 We, like many others had always believed the Justice System to be fair and beyond reproach, but having seen our son arrested on very serious charges, for which he spent five and a half months on remand in Craiginches prison, and the endurance of a 10 day trial, always being aware of his innocence, we have extremely good reason to question that belief. After reading Sandra Leans book ‘No Smoke’ we are astonished to find that ours was not an isolated case, far from it. We applaud Billy for having the strength to endure the situation he found himself in, and the courage to carry on and create this Website, which we all hope, will be of benefit to others. The valued and appreciated support of family and friends and beyond has been over-whelming and continues to be so. It is a sad but true fact that our Justice System is badly in need of change. We continue to support Billy, as we always have, and wish him well. Our vote for Child witnesses and vulnerable witnesses being fully recorded on video goes without saying. YES !!

[admin]

black

POST DATE
11/05/2009 06:16:20 A definate yes on this vote, after reading sandra lean's post i am utterly appauled that i minor was treated this way, it's a total disgrace.

[Billysis]

POST DATE
11/05/2009 07:50:41 Well mine goes without saying.

[admin]

bigsis

POST DATE
11/05/2009 16:10:53 Mine is a definate yes for obvious reasons. Excellent subject to vote about, its just a disgrace that it even has to be an issue in the first place. Well done Billy for highlighting the issue.

[admin]

Mine is a definate yes for obvious reasons. Excellent subject to vote about, its just a disgrace that it even has to be an issue in the first place. Well done Billy for highlighting the issue.

Again, while I said unless important I would be keeping out of this thread as much as possible, I do wish to comment following this. I can understand how difficult it would have been for Bigsis to post in this area. Clearly not due to any difficulty with choosing which side of the fence to be upon, no problem there. But rather with composing a message without letting anger, hurt, frustration etc from taking over. Though in this respect these emotions for bigsis are fully justifiable considering what damage has been done, I would like to thank her for posting and voting with dignity instead. Well done, I know it must have been hard.

[Justice4Brendan]

POST DATE
13/05/2009 10:13:20 Judicial studies, there is a section regarding Child witnesses.





http://www.judicialstudies-scotland.org.uk/docs/LegalAdvisorManual.pdf

[admin]

vaar

POST DATE
26/05/2009 15:33:33 I think it is imperative that children are properly looked after at all times and their interviews should be conducted honestly and sensitively. Video evidence will prove whether or not this has been done.

[admin]

POST DATE
29/05/2009 20:23:14 Clearly this is a very emotive topic, and therefore one which needs to be addressed sooner rather than later. I have therefore posted a petition online seeking legislation enforcing the current guidelines relating to interviews with child witnesses imposing penalties on individuals/agencies which fail to comply.

http://www.gopetition.co.uk/online/28163.html

It would be beneficial for the link above to be circulated as widely as possible, so feel free not only to sign in support but to post it on related forums, community groups and social networks.

[admin]

reg126

POST DATE
19/08/2009 19:46:40 I have read the guidelines for interviewing children and observed an interview complying with those guidelines over 12 years ago that was performed in a satisfacory way with no leading questions or prompts or suggestion planting going on. That interview was in England.

More recently in Scotland it was clear  from the approach that these guidelines were not going to be followed at all.  In my view  child interviews should not be admissable as evidence unless guidelines have been followed.