Prosecutors’ perspectives on using recorded child witness interviews about abuse as evidence-in-chief

Abstract

Over the past two decades, numerous English-speaking countries have implemented legislative reform to allow children’s investigative interviews about abuse to be electronically recorded and made available for use as evidence-in-chief at trial. Prior evaluations suggest that the procedure has both advantages and disadvantages for prosecutors. This study adopted a constructive approach by eliciting contemporaneous and detailed feedback from 19 Crown prosecutors about the challenges of using electronically recorded interviews as evidence-in-chief and suggestions for how these challenges may be addressed. Thematic analysis revealed concerns in several areas; (a) the quality of questioning in interviews, (b) the jurors’ engagement with the witness, (c) the sense of formality and solemnity of evidence, (d) the clarity of the evidence and (e) the child’s preparedness for cross-examination. These themes are discussed within the context of the broader child testimony literature and recommendations for improvement are offered.