No.

Each child is unique. There can be no straightforward approach to supporting children for
court testimony. The goal of court support is not to gain conviction but to put into place the
conditions whereby the child witness will testify to the best of his ability so the judge learns
about the alleged offense without unnecessary distress to the child witness. The following
are recommendations to prepare a child to court proceedings, to wit:

A. Know the Child

An intake session with the child will help uncover information or any special needs or
learning disabilities. The same can also help uncover about a child’s unique
testimony-related worries, trauma symptoms and any family dynamics or other life
stressors that may constitute added pressures in his or her life.

B. Tailor a Strategy for each Child

Using observations and any information collected from the process above, one
should develop a strategy to fit that individual child’s needs. One child may be
comfortable with one pre-court preparation session and support on the day of court.
Another child may have another needs. Some children need most to be protected
from the stresses of court testimony, perhaps by testimonial aid, or other means of
entering their evidence into the record without giving direct evidence.

C. Start with the lowest common denominator

As every parent knows, you speak differently to a three year old than you do with a
13-year-old. As children mature, their vocabulary expands and they grow better able
to grasp abstract concepts. In at least two circumstances, this might not be the case:
people with delays in intellectual development and people affected by pre-natal
alcohol exposure (Fetal Alcohol Spectrum Disorder, or FASD). For example, in a
child (or adult) with developmental delay, expressed (spoken) and receptive
(comprehension) language skills are out of sync with chronological age. When
meeting a witness for the first time, choose your words carefully, as if speaking to
someone younger, until you see evidence that you are being understood. Likewise,
the effects of trauma may not be apparent.

D. Be experiential
Children learn in different ways than adults learn. They are visual and experiential
learners who may neither comprehend nor remember purely verbal descriptions,
especially of abstract concepts. Experiential learning is often contrasted to didactic
or rote learning. Reading a book about how to ride a bicycle is an example of the
latter. The ability to remember something involves two stages: encoding the
information and retrieving it later. No one can encode and remember information
they don't understand, so it's crucial to explain things in age appropriate language
and demonstrate what you tell where possible.
No. 4
Certain therapeutic approaches do risk contaminating evidence (e.g., hypnosis, some forms
of group therapy). Adverse effects could take the form of undermining a child's credibility or
the perceived reliability of the evidence and there is the perception at least that a therapist
might influence memory through inappropriate questioning. However, decisions about
needed therapy are not so much a yes/no choice as a decision about "what to address" and
"how." In some cases, only with therapeutic support is it likely that a child can testify at all.
We have seen young people hospitalized because of the emotional consequences of an
offence or its discovery, often exacerbated by the stress of a looming trial. Suicides, or life-
threatening attempts, have occurred. Stabilizing a child's mental health and providing
stress-management skills will aid the Court. But sometimes it is not in a child’s best interests
to testify. Assessment by a therapist could aid in making this determination.

The process of court support these components: advising the family of what to bring to the
courthouse, building a support “team” for the day, ensuring the family can enter the
courthouse safely, ensuring the family can wait in safety and comfort, occupying the child
with entertaining but not stimulating activities, having someone wait with the family until
testimony is needed, acting as a support person if desired by the child (and permitted by the
judge), providing positive affirmations and feedback to the child after testimony is given,
informing the family of the next steps (e.g., sentencing hearing), and ensuring that the family
leaves the courthouse in safety.

Where the technology is available, a witness under the age of 18 does not have to testify in
the witness box. The rationale is that being in the same room as the accused can inhibit a
full and candid account. A closed-circuit television (CCTV) can be a good method of
receiving testimony from outside the courtroom. CCTV equipment is hard-wired into an
increasing number of courthouses and portable CCTV systems are used in some places.
Video-conferencing technology can be used for remote testimony, sometimes across great
distances. Where identification of the accused is an issue, a camera with the capacity to
pan the courtroom is helpful. As a less desirable alternative, the witness may be asked to
enter the courtroom briefly for the identification.

Also, teach children about the expectations of a courtroom and how to behave.
Reassure them that judges are not mean and impatient and may yell at people.
Our courtrooms are really quiet – and boring. Suggest that this may be one of
the most boring days of their life because they will wait so long for something to
happen.
A courtroom has some rules:
• dress nicely and don’t wear a hat, chew gum or be eating in the courtroom
• turn off cell phones and don’t play with electronic games or use music players
• use your inside voice
• be on your best behaviour and don’t be silly
• stand up when the judge enters the room (and sit down again when the judge
sits)