JUDICIAL PERCEPTIONS OF CHILD WITNESS COMPETENCE

Concern about the difficulties faced by child witnesses in the legal s ystem has led to two major areas of reform: the relaxation of competen ce and corroboration requirements, and the introduction of special pro cedures and physical facilities to reduce the emotional pressures of t estifying Although the implementation of these measures depends largel y on judicial discretion, little is known about judicial perceptions o f child witnesses and about judicial acceptance of these measures. Fif ty magistrates and judges in New South Wales, Australia were asked via interview or questionnaire about their beliefs, concerns, and practic es related to child witnesses. There was considerable variability in t heir views about the competence of child witnesses and the need for sp ecial protective measures in court for these witnesses. There was, how ever more consensus about those aspects of children's ability to testi fy that give rise to judicial concerns about their competence. Childre n's honesty was not at issue; they were generally regarded as being at least as honest as adults, if not more so. They were, however perceiv ed as highly suggestible and susceptible to the influence of others an d prone to fantasy. These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.