Questioning Child Witnesses: Exploring the Benefits and Risks of Intermediary Models in New Zealand

Abstract

The presumption of innocence is the primary value underpinning the trial. It is important to work out how to maintain the rights of defendants while better accommodating child complainants and witnesses in the pursuit of fact. One approach is to improve how children's evidence is challenged in order that the fact-finder may have a better opportunity to assess the evidence. This article looks at the viability of achieving this aim through the use of intermediaries to question children on behalf of counsel. Three intermediary models were explored through mock examinations of a “child” witness. Reflecting on these, the article documents some of the issues and the potential benefits and risks of different intermediary models to improve this questioning of children, particularly during cross-examination.