New guidance to support children appearing in court

Saturday 20 January 2024

New guidance has been issued to support children and young people under the age of 18 appearing in court, whether as witnesses or defendants.

The guidance takes the form of leaflets designed for young people, and a Practice Direction issued by the Bailiff that requires lawyers to consider ahead of any proceedings in the Royal Court what special measures may be required to put a child at ease and ensure they fully understand the workings of the court.

Those special measures, consistent with international best practice and the United Nations Convention on the Rights of the Child, can include giving evidence by video link, screening children from defendants or members of the public, giving help over the appropriate form of questions, and making arrangements for scheduled breaks in the evidence.

All children appearing in the Royal Court will also have the opportunity to visit the court before any hearing, which in most cases will take place in the less formal surroundings of court two on the ground floor of the Royal Court building.

Pictured: A leaflet explaining what young witnesses can expect when attending the Royal Court.

All court decisions affecting a child will be explained in language that they understand, and a child defendant will generally not be required to sit in the dock and permitted instead to sit near a parent or other supporting adult.

Public access to the Royal Court when a child defendant is appearing will also be limited to court officers, parties to the case, representatives of the accredited media and any others specifically authorised by the court to be present.

The Bailiff, Sir Timothy Le Cocq, said that it was essential that young people participating in the court process felt safe, protected and at ease at what would inevitably be a difficult time for them.

“This Practice Direction has been developed after extensive consultation and will be reviewed every 12 months,” the Bailiff said.

“I am grateful to Youth Friendly, who have assisted the court in developing guides for young witnesses and for young defendants, in an appropriate language which will enable young people participating in Royal Court criminal proceedings to easily understand the measures that the court will take to protect them when they give evidence or when they are on trial.”