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Child Protection : A Prosecutor’s Perspective

Multi-disciplinary Seminar on How to Improve the Child Protection System in Hong Kong 13 July 2004 Duke of Windsor Social Services Building, Wanchai, Hong Kong. Child Protection : A Prosecutor’s Perspective. I Grenville Cross SC Director of Public Prosecutions Department of Justice.

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Child Protection : A Prosecutor’s Perspective

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  1. Multi-disciplinary Seminar onHow to Improve the Child Protection System in Hong Kong13 July 2004Duke of Windsor Social Services Building,Wanchai, Hong Kong Child Protection : A Prosecutor’s Perspective • I Grenville Cross SC • Director of Public Prosecutions • Department of Justice

  2. Child Protection : A Prosecutor’s Perspective

  3. General Principles are particularly vulnerable • Caring and sensitive treatment • Effectively protected • Rights respected

  4. Children’s Rights in the course of Prosecution • To be treated with compassion and dignity • Not to be discriminated against on the basis of being a child • To be treated as a capable witness

  5. Vulnerable Witness Team • UN Guidelines for Action on Children in the Criminal Justice System - prosecutors’ protective role - prevent further victimisation of children by the system • UN Guidelines on the Role of Prosecutors - administration of justice - consider views and concerns of victims

  6. Violence and Abuse • Children’s Convention Art. 19 : Right of children to be protected from all forms of physical and mental violence, injury and abuse, neglect or negligent mistreatment or exploitation by parents or others.

  7. Violence and Abuse • Violence • Physical abuse • Sexual abuse and exploitation • Societal forms of violence - exploitative child labour - involvement in armed conflict

  8. Child Pornography • Production and possession an offence since 2003 • Substantial prison terms and fines • Child sex tourism fined severely

  9. Children as Witnesses • Intimidated by court experience • Felt obliged to give answer Challenge Facilitate children to give effective evidence

  10. Multi-disciplinary Cooperation • Cooperation of professionals - Teachers - Doctors - Social workers - Police • Earliest identification of cases • Speedy removal from further danger

  11. Important to • Reduce trauma • Work with law enforcers and prosecutors • Assemble evidence

  12. Special Procedures for Vulnerable Witnesses • Video recorded evidence • Special suites • CCTV

  13. Special Procedures for Vulnerable Witnesses • Video recorded evidence -interview conducted by police officers, social workers or clinical psychologists -leading or coaching questions may be necessary -essential matters MUST be addressed

  14. Pre-trial Child • Lack of family support • Peer pressure • Feel guilty over breaking up family Support : • No blame • Avoid coaching • Familiarisation trips to court

  15. CCTV Either party Witness Court No hearing application Special Procedures for Vulnerable Witnesses

  16. Special Procedures for Vulnerable Witnesses • CCTV Factors to be considered : Presumption in favour of using CCTV • Age of child • Nature of offence • Nature of allegation • Relationship between child and accused

  17. Reliability of Interview Interviewer to acquire a feel for the case and the credibility of the victim • False memory syndrome • Child being manipulated Stop investigation Refer for counselling

  18. Trial date not postponed Preliminary issues disposed of No intimidating practices No inappropriate language Appropriate breaks Lack of medical evidence Trial Problems

  19. Time of crime Relaxed atmosphere Demonstration with doll Identification of accused - as late as possible - after evidence is complete - Polaroid photograph Trial Problems

  20. Prosecution Policy • Gravest possible view especially breach of trust cases • Sentences manifestly inadequate or wrong in principle • Review of sentence to Court of Appeal without hesitation

  21. Sentencing Options • Circumstances of offender and offence • Imprisonment not always appropriate • Young offender : training centre, detention centre, rehabilitation centre

  22. Maximum Imprisonment Terms • Constant review - prevalence - deterrence • Penalties reflect abhorrence • Sentences realistic

  23. The Challenge Criminal justice system to become a more effective tool in denouncing, preventingandresponding to incidents of violence against children. Let us all work constructively in tandem.

  24. Multi-disciplinary Seminar onHow to Improve the Child Protection System in Hong Kong13 July 2004Duke of Windsor Social Services Building,Wanchai, Hong Kong Child Protection : A Prosecutor’s Perspective • I Grenville Cross SC • Director of Public Prosecutions • Department of Justice

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