The Evidence of Child Witnesses - Where Rules of Evidence and the Constitution Collide

Abstract

This thesis explores the development and reform of particular aspects of the law of evidence relating to child witnesses as informed by the changing orthodoxy advanced by psychologists - and adopted by the law - regarding, in particular, the capabilities and reliability of children as witnesses. Three principal areas of the law of evidence relating to children are scrutinised, namely: (i) the competence of children as witnesses; (ii) the corroboration requirements attaching to the evidence of children; and (iii) the examination of child witnesses and the statutory ’special measures’ designed to facilitate the reception of evidence from such witnesses.