NGCOBO J
[97] Section 170A(1) read with section 170A(3) also recognises that children are
often intimidated by the courtroom environment, especially if they must confront their
alleged abuser. The presence of the perpetrator can be very upsetting to a child and
can affect the child’s testimony. As a result of these concerns, section 170A(3) allows
a child, who testifies through an intermediary, to be shielded in some way from the
accused, typically by testifying in another room via CCTV, or by sitting behind a oneway screen that blocks the child’s view of the accused but allows the child to be seen.
Read together, these sections therefore contemplate that a child who testifies through
an intermediary will not ordinarily testify in the presence of the accused but will
testify from a separate room “which is informally arranged to set [the child
complainant] at ease.”95
[98] Section 170A(1) must therefore be construed so as to give effect to its object to
protect child complainants from exposure to undue mental stress or suffering when
they give evidence in court. This objective is consistent with the objective of section
28(2) as understood in the light of Article 3 of the CRC to ensure that a child’s best
interests are of paramount importance in all matters concerning the child.
In
particular, it conforms to the Guidelines which proclaim the right of child
complainants to be protected from hardship and trauma that may result from their
participation in the criminal justice system.96 As these Guidelines make clear, the
protection of child complainants includes modified court environments, making them
child-friendly, allowing the child complainant to testify out of sight of the alleged
95
Section 170A(3)(a) of the CPA.
96
Paras 29-31 of the Guidelines.
52
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières