Call for children to give evidence earlier and not in courtpublished at 10:15 Greenwich Mean Time 18 December 2018
Green MSP John Finnie asks about the benefits of pre-recorded evidence.
Lady Dorrian cites the case of a child of five who had given evidence at a trial, having had a joint investigative interview, and was cross-examined in the trial three years after the incident had taken place.
The lord justice clerk says if children are asked to give evidence remotely from the event their memory is affected and they are more likely to be confused and are more likely to come across as "shifty or unreliable".
The idea of a commission at a closer time to the incident would enhance the quality of their evidence and reduce the harm to the child, she elucidates.
Evidence from the cross-examination of children is often not useful, Lady Dorrian adds.