“ It is worth adding that, given the extensive material now available to lawyers on what constitutes a fair interview of a young child, the assessment of fairness is for the lawyers, and ultimately the judge, to determine, and not for expert opinion from a psychologist.”
Mark William Patrick MacLennan v Her Majesty’s Advocate,  HCJAC 128 – Read judgment
The High Court has refused an appeal under Article 6 on the lack of effective cross-examination of child witness, but has provided interesting commentary on how such investigations could be better handled in future to meet Strasbourg standards.
The original charge concerned reports made against the appellant, the manager at a nursery in Fort William, from children alleging various forms of sexual contact. After initial allegations, joint investigation interviews (JIIs) were conducted between May and July 2013 with various children from the nursery. The value of some of the interviews was questioned by the High Court, with one described as “leading in the extreme” (paragraph 5), yet none were challenged by the defendant when presented as evidence during his trial.
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