SC allows child witnesses to testify via video conference, recorded interviews

The Supreme Court has approved the revised rule on the examination of child witnesses, allowing them to testify via video conference or recorded interviews.

The High Court has approved the Revised Rule on the Examination of Child Witnesses, which will now use child-friendly procedures to protect child witnesses from further trauma when detailing painful experiences in court.

"Key changes include the use of videoconferencing, recorded depositions, recorded interviews, and technological tools to help children explain what happened. These technological tools are in addition to existing testimonial aids such as dolls, drawings, and puppets," it said.

Under the revised rule, children may now testify through videoconferencing from outside the courtroom if appearing in person could cause them trauma. The court may also restrict the child’s visual and audio contact with certain individuals, including the accused, while upholding the latter’s constitutional rights, such as the right to confront the witness.

If identifying the accused is necessary, the court may allow the accused to briefly appear on camera or show the child an image of the accused on screen.

The rule also allows a child’s testimony to be taken through an electronically recorded deposition instead of a live testimony, with the judge and lawyers from both sides present in cases where a child cannot testify in court or through videoconferencing due to a disability, health condition, or other circumstances. 

The RRECW also allows recorded interviews conducted by a team of professionals, or their transcripts, to be presented as evidence to spare children from repeatedly recounting traumatic experiences. These may replace the child’s testimony if they cannot testify, provided the interview used neutral, open-ended, age-appropriate, and trauma-informed questions.

If the child testifies in court, the recording may instead replace their earlier written statements. All parties must receive a copy and be allowed to view the recording, while the interviewer must be available for questioning at trial.

The SC highlighted the importance of ensuring that children are protected from further harm and supported throughout their participation in the justice process.

"Children cannot be forced to appear in court and must not be present when sexually explicit material is shown. Records about them must remain confidential and anyone who publishes information identifying a child, including their social media accounts, may be found in contempt of court," it said. "Courts must also ensure that children who have suffered abuse receive therapy to help them recover."

Additionally, the RRECW takes a child-centered approach covering child victims, children in conflict with the law, and child witnesses across all types of proceedings, guided by restorative justice, the “do no harm” principle, and sensitivity to children’s gender, culture, and experiences.