Witnesses and victims of child sexual abuse let down by justice system

The police has been criticised for inappropriate questioning when interviewing victims and witnesses of child abuse in preparation for criminal trials.

A report from Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) and Her Majesty's Inspectorate of Constabulary (HMIC) sets out 11 recommendations for improving video recorded interview evidence, including better training and additional guidance for staging the sensitive interviews with young children.

The inspection took place in the light of continuing concern about child sexual abuse, underlined by recent high profile cases and against a background of significant rises in reported child rape over the last five years.

The report, 'Achieving best evidence in child sexual abuse cases - a joint inspection', found there were only ten police interviews in a sample of 69 where the specific physical, sexual, social, cognitive or linguistic needs of the child were considered when conducting the interview.

In 77 per cent of interviews with vulnerable children seen by inspectors, there was no record of the specific needs of the child having been considered. The report also found that guidance for interviews not adhered to.

Inappropriate questioning techniques were found to be used by police, along with poor preparation and unclear audio and visual quality. Moreover, interview rooms used for toddlers to give evidence appear "sterile with little thought for putting children at ease and not child-friendly".

Commenting on the report's findings, HMCPSI chief inspector Michael Fuller QPM said: "These findings are disappointing because it means that child sexual abuse witnesses and victims are being short-changed by the criminal justice system. Police and CPS need to offer children more support for these delicate and often difficult interviews. The guidance is out there and should be adhered to.

"As a society, we owe it to them to ensure that these pre-recorded interviews are carried out in a rigorous manner, to ensure fairness and to achieve the best evidence possible. I hope the recommendations from HMCPSI and HMIC will go a long way towards improving the current situation."

The inspectors suggest that CPS lawyers could do more to help police obtain higher quality evidence from child witnesses and victims and, although CPS and counsel contribute to the training, far more could be done to build understanding of how the recorded interview will be used in court and what constitutes best evidence.

HMIC chief inspector Dru Sharpling CBE added: "This inspection forms part of our work to drive improvements in the response of the criminal justice system to vulnerable people. We were very concerned to find that children in cases of sexual exploitation and rape are being let down. They aren't being provided with the support they need to give their 'best' evidence to the court.

"Inspectors found poor compliance with best practice guidance, poor planning and quality assurance, and insufficient consideration of the needs of vulnerable children. The gap between best practice and actual practice is widening.

"Our report provides a number of recommendations aimed at improving the situation. We urge all police forces and the Crown Prosecution Service to take immediate steps to implement them."

John van der Luit-Drummond is legal reporter for Solicitors Journal