ABSTRACT

Many child witnesses find the prospect of testifying extremely daunting and confusing. Trials for sexual offences differ from other criminal hearings in a number of respects. Many witnesses experienced feelings of stress and alienation, but, like Rock, Fielding found that these emotions were perceived by lawyers and judges as unfortunate but essential aspects of the court hearing. Witness intimidation is a particular problem, especially where the alleged offenders are part of the community in which the witness lives, or where the community is hostile to the police. While the Youth Justice and Criminal Evidence Act 1999 has reaped considerable benefits for vulnerable witnesses, the legislation is by no means perfectly formulated. The concept of concealing the identity of a witness sits uneasily alongside the principle of open justice. Anonymity orders are extremely rare in criminal trials and will only ever be a measure of last resort.