My child has been asked to by a witness. Is there anything I
can say or do to help?
When a child has been a victim of a crime or witness to a crime,
you can reassure him or her that:
- it is right to tell the police what has happened;
- a witness who tells the truth is not doing anything wrong;
- he or she is not to blame for what someone else may have
done;
- witnesses do an important job but they are not responsible for
what the court decides.
I know my child is worried. Should I find out what's the
matter?
Encourage your child to talk to you about any worries. They may
not be what you think. Listen to your child and take his or her
concerns seriously but try not to make more of them than is
necessary. Keep to your child’s regular routine as much as
possible. Here are some common fears experienced by children and
young people, and some suggestions for dealing with them.
- Seeing the defendant in court - If your child
is anxious about this, tell the police. Courts make special
provisions for child witnesses.
- Being punished or even sent to prison for having spoken
about what happened - Reassure your child that the
job of a witness is to tell the truth. A witness who tells the
truth is not doing anything wrong and will not be punished.
- Coping in court - Your child can ask the judge
or magistrates for help at any time during the trial. Remind your
child that it is OK to ask for a break, for example if he or she
feels upset or needs to go to the toilet.
- Listening and answering -
Your child should listen carefully to each question and give the
answer if he or she knows it. If your child does not understand the
question or cannot remember the answer, he or she must tell the
judge or magistrates. Your child will not get into trouble for
this. It is OK to ask for questions to be repeated.
- Worrying what to say at school or to friends -
You can discuss this with your child’s teacher. Your child may fi
nd it helpful if the teacher realises that he or she is going
through a difficult time. Other children do not need to know.
- Worrying about what he or she said before -
Your child may be worried that he or she has not told the police
everything, or has told different things to different people. Your
child may feel scared or confused. If this happens, reassure
your child, encourage him or her to tell the truth and let the
police know.
My child has been behaving differently recently. Could it be
related to going to court?
It is common for witnesses to feel nervous, but some children
feel so worried that it affects their everyday behaviour. Please
tell the police, a teacher, a social worker or child witness
supporter (if your child has one) if your child:
- is afraid or angry a lot of the time;
- feels guilty or responsible for the crime;
- shows mixed feelings towards the defendant, such as being angry
with them, but is also upset that the defendant may be punished.
This can happen if the defendant is a family member or a close
friend;
- becomes withdrawn, aggressive or unable to concentrate at home
or school;
- starts to wet the bed, doesn’t sleep properly, becomes afraid
of the dark or loses their appetite; or
- shows any other anxieties relating to the crime or about going
to court.
I'm woried about my child. Can they have counselling while
waiting to go to court?
If your child is having problems, you can discuss with the
police officer, a teacher, social worker or child witness supporter
whether he or she might need some special help. Perhaps you want
your child to have therapy or counselling. Your child’s welfare is
of primary importance, so it is up to you and your child to decide
whether therapy is necessary. This is not a decision for the police
or prosecutor. However, they must be told if the child is going to
have therapy. Children’s evidence is sometimes challenged on the
basis that they have received therapy before the trial. Therapy
that focuses on making the child feel more confi dent and on
preventive work about staying safe is less likely to affect the
criminal case compared to therapy that involves talking about
details of the offence. The prosecutor should advise you whether a
particular type of therapy may affect the criminal case. However,
if you think it is in your child’s best interests to go ahead
with therapy, you are entitled to make that decision.
If your child has therapy before the trial, the therapist
cannot guarantee the child complete confi dentiality. In certain
circumstances, the therapist could be required to inform the
court about sessions with the child. The therapist should discuss
this with you and your child before therapy starts. Local
provisions for therapeutic assistance will vary.