Children in court - Part 2

Key point no 2

The time between committal and the completion of evidence of the child

a. The time from the committal to the listed trial day

b. The punctuality of the start of the trial on the listed day

c. The waiting time of the child in court before giving evidence or being released

d. The total time spent in the court building

a. The time from committal to the listed trial day

All cases that go to the Crown Court must first be considered at a committal hearing at the magistrates court.² A fast track system should be in place for cases involving child witnesses. Fast tracking means the local procedures which are designed to ensure that cases are brought to trial as soon as justice allows. Currently, local committees (Area Criminal Justice Liaison Committees) can define fast tracking as applicable to all child witness cases or just sexual cases.

Significant improvement was noted between 1994 and 1995, in the numbers of children whose cases were listed within 6 months of the committal to Crown Court for trial.
However, 25% of the children surveyed waited over a year to come to Crown Court.
Throughout the survey period, the number of children who waited over 12 months increased by 7%. The number of children who had to wait over 18 months for a listing at the Crown Court doubled.
It should be remembered that prior to the committal there will be a delay between reporting the offence to the police and the committal hearing.

b. The punctuality of the start of the trial on the listed day

Over half of all trials surveyed in 1995, did not start at the listed time. However, two thirds of these cases did begin before the end of the day the trial was scheduled to commence. This means that 31% of (144) children in 1994, and 60% of (342) children in 1995 had the start of their trial delayed.
In 1995, 12% of cases were listed three or more times before being heard.

c. The waiting time of the child in court before giving evidence or being released (ie. attending court and then not being required to testify)

Since the publication of the first Courts Charter in 1992, the Crown Courts have aimed not to keep witnesses waiting more than two hours before calling them to give evidence.

Table: how long the child waited in court before giving evidence or being released

Time waited	1994	1995
0 - 30 mins	36	13
½ - 1 hour	23	20
1 - 2 hours	67	85
2 - 4 hours	138	177
4 - 6 hours	80	106
Over 1 day	96	102
Not Known	15	6
Not Applicable	6	0
Total children	461	539

Table: duration of evidence (1995 only)

Duration	1995
0 - 30 mins	63
½ - 1 hour	77
1 - 2 hours	100
2 - 4 hours	49
4 - 6 hours	7
Over 1 day	9
Not Known	36
Not Applicable	198
Total no children	539

Table: total time spent in court building

Duration	1994	1995
0 - 30 mins	3	2
½ - 1 hour	7	2
1 - 2 hours	43	39
2 - 4 hours	115	143
4 - 6 hours	122	179
Over 1 day	151	132
Not Known	10	29
N A	10	13
Total no children	461	539

In 1995, 19% of all the children for whom returns were received (102 children) travelled to the court on two or more subsequent days and waited all day without giving evidence or being told that they were not required. A further 106 children (20%) waited between four and six hours to give their evidence.
198 children attending court were not required to give any evidence at all, yet at least 155 of these children waited for over two hours before being released.

d. The total time spent in the court building (ie. waiting time and time spent giving evidence)

In 1995, 132 children (almost 25% of all children in that year) were required to come back for a second day even though only 9 were actually required to give evidence on the second day.

2. Under the Criminal Procedure and Investigations Act 1996, the Government proposes a modification of the existing commital procedures, under which the evidence considered by the magistrates at contested committals would be limited to documentary evidence tendered by the prosecution, together with any exhibits. No witnesses would be called to give evidence.