July 6 juillet 8:30 – 10:00
Room CMEL–102
Chair: Bernard Starkman , Department of Justice Canada
Discussant: Carol Cumming Speirs , McGill University
The purpose of this paper will be to outline the competency provisions relating to young witnesses in the criminal jurisdiction in England and Wales.
The paper will deal with the following points:
§ Introduction outlining information about the National Society for the Prevention of Cruelty to Children (NSPCC) and the role the organisation plays in influencing and developing legislation and policy which affects children in the civil and criminal jurisdictions
§ Background to the development of the competency provisions in criminal proceedings
§ The current legal position, including new legislation in the ‘Youth Justice and Criminal Evidence Act 1989’ (not implemented yet)
§ The rules on sworn and unsworn testimony
§ The vulnerable status of child witnesses
§ Special measures to assist child witnesses
§ Advice given to judges on competency by the Judicial Studies Board for cases involving children and young people as witnesses
§ The impact of the competency rules on the criminal justice system
§ The views of the Criminal Bar Association, Crown Prosecution Service, judges, and young witness support workers
§ The impact on child witnesses and trial outcomes
Purpose: To describe how the child welfare and criminal justice systems in England relate to each other, and how professionals share information between the two systems. In addition, how policy and guidance have been developed in these areas with a focus on the welfare of the child. Scope: The paper will set out the key legislation, regulations and guidance which underpin the child welfare and criminal justice system as it relates to child protection. It will describe how these documents relate to each other and how they are expected to be implemented in practice. Specific documents will be drawn upon to illustrate the tensions which had to be resolved during their development and the process by which they were finalised for approval by the government. A key issue for discussion will be the differences between the family and criminal justice systems.
In the former, the welfare of the child is paramount and in the latter the court has a duty to ensure the defendant has a fair trial.
Finally the paper will discuss the legislation and guidance on consent and confidentiality when a child is considered to be likely to, or has suffered significant harm, and the issues around the disclosure of information about the child in criminal court proceedings.
Alcohol: It has been estimated that between 0.5 to 2 in 1000 babies born are the victims of Fetal Alcohol Syndrome (FAS) - the most severe alcohol-related abnormality found in the children of women who drink heavily during pregnancy. Rates of Alcohol Related Neurodevelopmental Defects (ARND) are less well understood, but thought to be higher. At the present time, very little is available to help prevent, diagnose and manage FAS and ARND even though we know that these preventable outcomes are associated with cognitive delays and neurobehavioural problems that can lead to delinquent or illegal activities in adolescence.
Other substances: An estimated 10 to 45 percent of women cared for at urban teaching hospitals in large US cities use cocaine in pregnancy. In the Metropolitan Toronto area, there has been a steady increase in the number of newborns affected by maternal drug use. The damaging effects include intrauterine prematurity, growth retardation and developmental delay. Appropriate diagnosis, treatment and perinatal care, depend on accurate and timely classification of “exposed” infants.
For over a decade, Motherisk has worked to understand, quantify and address the effects of prenatal exposure to alcohol and substances of abuse. Today, Motherisk operates the Alcohol and Substance Use Helpline -- the only national, toll-free counselling service of its kind in Canada. It offers FAS/ARND diagnosis for children up to the age of 16, and is actively engaged in experimental research to develop sensitive neonatal screening tools to help identify children at risk.
This presentation will describe:
§ Motherisk’s search for objective biomarkers in newborn hair and meconium to identify babies who have been exposed in utero to alcohol and cocaine;
§ Motherisk’s FAS/ARND diagnostic checklist;
§ Motherisk’s national Helpline for women who have engaged in high risk behaviour in pregnancy and/or prior to learning that they were pregnant.
There are many great people in Canada’s North and many great challenges. Many of our communities are accessible by air only. Police officers rotate in every two years. We learn the culture and deal with day-to-day police work. Often, young offenders are afflicted with Fetal Alcohol Syndrome and as police officers; we may not look past the offense. A charge is laid and the court process begins.
Many communities have community justice committees to deal with young offenders. Dealing with youth affected by Fetal Alcohol Syndrome requires all social agencies to work together – including social services, public health, police, and teachers. Often, the youth are not diagnosed, however, and may possess characteristics of Fetal Alcohol Syndrome or a learning disability.
This paper will discuss issues such as the need for community awareness of Fetal Alcohol Syndrome and the need for communities to address the need. Police officers require awareness training in detecting/identifying the characteristics of Fetal Alcohol Syndrome and best approaches when dealing with the behavior of the offenders.
FAS is a community problem and must be dealt with in a community setting.
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