"I don't want to play follow the leader": Three proposals for reform of the cross-examination of child witnesses

Abstract

This article makes three proposals. Leading questions should not be permitted in cross-examining child witnesses who complain of a sexual offence. Experts should be available to assist the presiding judge monitor and respond to the effect of examination on child complainants throughout the course of their testimony. Child complainants should be directed by the presiding judge to interrupt their questioning and alert the court to any difficulties they experience whilst giving evidence. The proposed reforms stem from analysis of the fundamental purposes and aims of witness examination and the trial process, empirical psychological studies, the effective...