Cross-examination of Vulnerable Witnesses

Debate between Jim Shannon and Ann Coffey

Wednesday 6th July 2016 Commons Chamber

[Ann Coffey]

I entirely agree with the hon. Lady. She is quite right. What we want is credible evidence, not evidence extracted by bullying.

The recent spate of high-profile sexual exploitation trials have provided stark examples. One young victim giving evidence in the Telford sex gang trials was repeatedly accused of lying and being naughty, and one barrister even demanded to know whether she repented her sins. Overall, she spent 12 days being cross-examined by a series of defence lawyers. As it stands, judges have no real power to limit the duration of questioning or the number of lawyers who can cross-examine a highly vulnerable witness in court. Practice directions encourage judges to set limits, but despite this judicial practice remains very uneven. That is why the measures in section 28 of the Youth Justice and Criminal Evidence Act 1999 are so important. This section provides for the cross-examination of vulnerable witnesses to be filmed at a pre-trial hearing and played to the jury at trial.

[Jim Shannon (Strangford) (DUP)]

This is a vital issue, and I am surprised not to see more Members in the Chamber to support the hon. Lady. There is a great need for young children involved in such cases to have parents or family members close by and to be screened off, so that the investigations and the questioning can be done from a distance. Does the hon. Lady agree—perhaps the Minister can touch on this in his reply—that that is something we should be considering? Helping those children to give their evidence clearly and honestly, with the support of their families, has to be the way forward.

[Ann Coffey]

I agree with the hon. Gentleman. We need to look at all the protective measures that we can employ to support vulnerable witnesses, particularly children, to give their best evidence in court. I entirely support that.

The witness need not attend the trial in person, thus avoiding the many pitfalls to pursuing justice that vulnerable witnesses currently face. It must be noted that pre-recorded evidence in the form of a film of a police interview can already be used in lieu of live examination-in-chief for vulnerable witnesses. There is no reason why that should not be extended to cross-examination, when we know that that is the most distressing part of the trial process.

This has all been recognised for decades. In 1989, the committee chaired by Judge Pigot QC recommended that provision be made for vulnerable witnesses to undergo pre-recorded cross-examination ahead of trial. It took 10 years for that to be written into law in the Youth Justice and Criminal Evidence Act 1999, and still, 17 years on from that moment, the relevant section remains unimplemented. That is despite the fact that victim support services, children’s charities and senior members of the judiciary have repeatedly emphasised the necessity and expedience of a roll-out.

The former Lord Chief Justice, Lord Judge, has been a tireless advocate for the implementation of section 28. Last Thursday he called, once again, in the other place for us to bring our court system up to date. He has said before that when section 28 is finally implemented, we will all be

“astounded about what all the fuss was about.”

I am already astounded that it is taking so long.

Of course, a vital step forward was made in April 2014, when pilot schemes were introduced in the Crown courts of Leeds, Liverpool and Kingston-upon-Thames. That was almost universally welcomed, but we are now well beyond the six months that those pilots were intended to last, and the evaluation report has not yet been made public. In “Our Commitment to Victims”, which was published in September 2014, the Government promised the completion of a national roll-out by March 2017, subject to the evaluation report. The clock has been ticking for well over 18 months, and it is unacceptable that vulnerable witnesses across the country should be made to endure further delay.

Since the formal evaluation period ended in October 2014, pre-recorded evidence has continued to be used in the pilot areas, and that is clearly a mark of the pilot’s success. One judge involved in the pilots in Kingston-upon-Thames wrote to me of the marked difference made by the installation of improved IT facilities for playing the evidence to juries. That occurred only after the pilot period ended. I hope that the evaluation report, when it is published, takes full account of these developments.

Young Runaways (Sexual Exploitation)

Debate between Jim Shannon and Ann Coffey

Tuesday 21st June 2011 Westminster Hall

[Ann Coffey]

I absolutely agree with the hon. Gentleman. He has brought home to us the sort of exploitation that we are talking about in his description of what happens to children. It is truly horrible, and he is right to say that we must take all available action to prevent it.

West Mercia police say that 266 children in care went missing for more than 24 hours in 2010, and Kent police figures for 2010 reveal that 826 children were recorded missing for more than 24 hours. However, an answer to a parliamentary question stated that in Stockport only 45 young people were missing from care for longer than 24 hours in the three years from 2008 to 2010. The Department for Education figures that I mentioned earlier are staggering, given that Stockport police has told me that there were 2,014 missing incidents between July 2009 and June 2010, of which 41% were from care homes.

The police have provided me with their most up-to-date figures for Stockport, which cover the first five months of this year up to Friday 17 June. They reveal that the police received 1,070 missing-from-home reports, generated by 284 children in Stockport under the age of 18; of those, 77 were reported missing from care, and they generated a massive 711 reports. Forty-six of the youngsters were missing for more than 24 hours, and of those 25 were from care.

That shows a clear pattern of repeated missing episodes and a consequent vulnerability to abuse, as well as further evidence of gross under-reporting by local authorities. In addition, two thirds of missing incidents from home are not reported by parents. As I have said, there is good evidence that repeated missing episodes are correlated to children being exposed to sexual grooming. If accurate data are not held by the Department for Education and the Home Office, it becomes more difficult to estimate the risk of sexual exploitation to which these children are exposed. It is important that we get it right.

On that point, ACPO pilots are looking at ways of achieving the collection of meaningful data on missing episodes, so as to determine when a child is missing. It is concerned that children’s homes are reporting children missing when a telephone call could establish where the child was.

All the evidence shows that sexual grooming starts by encouraging children to stay away from home, or persuading them to go home late, in order to create parental disputes and thus drive a wedge between child and home. Removing the protection of families and carers is the beginning of the grooming process, and the eventual outcome is the sexual exploitation of the child. The significance of that should not be lost in any redefinition of “missing”.

The “Puppet on a string” report states that the entrapment of children and young people in sexual exploitation does not occur overnight. If a child goes missing for a few hours, there is a danger that professionals will become complacent. However, that is when the child may be at risk from the gradual grooming process that I have described, and these early missing episodes may be the warning signs.

[Jim Shannon (Strangford) (DUP)]

Experience in my constituency, and I suspect in many others, is that the homes may not be able to control the children and keep them in all the time, and the children will always indicate that they have human rights that must be respected. However, is there not a better and more definite way, with the homes and the local police co-ordinating on those who habitually stay out late or who may not return until the early hours of the morning? Could more not be done by the police, the local homes and the local authorities?

[Ann Coffey]

Of course the hon. Gentleman is right. We must have proper arrangements between children’s homes and the local police. If they do not work together, we will be unable to prevent children from going missing; and we will not know where those children who are that do go missing. He has made an important point.

Barnardo’s says that those who exploit children are all too aware of how the system works:

“These heartless men and women understand the police procedure on runaway children and know if a child goes missing on a regular basis, for a short period of time and then returns home safely, the case is unlikely to attract much attention.”

Turning to statutory guidance, another concern is the mixed picture that not all local authorities are adhering to the statutory guidance on children who run away from home or care, which was published in 2009. The guidance states that local authorities should have procedures in place for recording and sharing information between police, children’s services and the voluntary sector, and that the local authority should have a named person responsible for children and young people who go missing or who run away and that there should be return interviews.

I cannot emphasise enough the importance of the independent return interview. As the Children’s Society has demonstrated, children are more willing to disclose what has happened to them to adults whom they do not perceive to be in authority. A 16-year-old at Manchester’s Safe in the City project said:

“It was horrible. I felt I could not talk to anyone—friends, family, police, teachers—no-one.”

Eventually, however, the child did talk to the Children’s Society.

I have asked a number of parliamentary questions about implementation of the guidance, but I have been repeatedly told that the information is not held centrally. Implementing statutory guidance should be a high priority for local authorities. Local safeguarding children’s boards have a responsibility to protect children in their areas. The young runaways action plan 2008 asked safeguarding boards to evaluate the risk of children running away and to put action plans in place. The Children’s Society’s “Stepping Up” report found that half of the local authorities surveyed had no protocol for managing cases of children and young people who are missing from home.

According to recent research by the international centre for the study of sexually exploited and trafficked young people at the university of Bedfordshire, there are protocols for responding to sexual exploitation in less than a quarter of local safeguarding children’s boards. Ten years on from the introduction of the dual strategy of protecting young people and proactively investigating their abusers, a third of the country has no plans for the delivery of such a strategy.