Child abuse with particular reference to procedure in a criminal court

Abstract

Chapter 1 gives a general overview of the history of child abuse legislation in the U.K.. It also gives a description of the types of child abuse as defined in U.K guidance. Where possible a reference to the Maltese position is made. Chapter 2 distinguishes between criminal and civil proceedings and gives an overview of the typical systems of Criminal Procedures that exist among States. In this part, I have limited myself to mentioning the most salient features in each system, since the modifications that each system has undergone in the details are many. This chapter also discusses the procedure followed in the prosecution of criminal offences. Where possible this is linked to child abuse cases. This chapter goes on to make proposals to amend the process by being more child friendly. Chapter 3 depicts the civil process involved in cases of child abuse. It also discusses the issue of termination of parental authority and proposes the introduction of compensating the abused child. Chapter 4 discusses the issue of child witness and how can it be improved. Expert evidence is reviewed both from the point of view of competency and also from the point of view of the role of the expert. This chapter tries to give an overview of how DNA evidence can be used in child abuse cases and also how it has exonerated convicted criminals. Chapter 5 discusses the issue of how children can be protected from abuse, namely through the introduction of mandatory reporting legislation, therapy and also education. Chapter 6 concludes this thesis by giving an overview of the proposals made throughout the thesis.