A hearing is one of the steps taken during criminal proceedings. It consists of a discussion between the child victim or witness and the criminal investigation authorities, the subject of the discussion being the events in which you, as a victim or witness, were involved. These authorities may be police officers, prosecutors or judges who specialise in working with children. The term ‘victim’ refers to a person to whom something bad has happened, usually caused by another person (known as the accused), whilst a ‘witness’ is a person who was present or saw what happened.

Sometimes, this conversation between you (the victim or witness) and the person appointed to speak to you takes place in a small, welcoming room with simple furniture and comfortable chairs, where you can feel as relaxed as possible whilst recounting the events that happened to you. This room is called an interview room and allows you to be alone with the police officer, prosecutor or judge, so that you do not feel pressured or coerced.

Many children who end up speaking to police officers, prosecutors or judges feel nervous and are afraid that they might not be believed, that the answers they give are wrong, or that they might be judged by those around them. That is why it is very important that you tell the truth about what has happened to you and what you want to say when you find yourself in this situation. During the conversation, you may also find that you cannot remember certain things, in which case you should simply say that you cannot remember or that you do not know. Remember: it’s perfectly normal to forget things or not be able to recall them, especially if you’ve been through an unpleasant experience. If you feel emotional, you should know that a psychologist will always be present during these kinds of discussions to help you manage your emotions. However, there are also things you can do yourself: just take a deep breath and remind yourself that nobody is there to judge you, but to help you, and that the people you’re talking to are trained to have these sorts of discussions with children.

As all these steps taken by the judicial authorities are intended to help you, there are a number of rights you have throughout this process and beyond. These include:

The right to be heard: the people who come to speak to you are interested in your story and what you have to say. That is why they will listen to you carefully and ask you questions so that they can find and punish the person who has harmed you.
The right to be informed: every child has the right to be fully informed about the procedures that are to take place. This information must be provided in a way that is as easy for you to understand as possible, using language that you know and are used to.

The right to protection: whether you are a victim or a witness to an unpleasant incident, one of your rights is to be assured of your protection. This protection involves avoiding having to relive the distressing feelings caused by the incident, creating a safe environment in which to tell the truth, avoiding contact with the person who harmed you, and identifying trusted individuals with whom you can talk and who will be there for you and look after your wellbeing.
The right to express your views: a child’s views are important for the future proceedings. The feedback you provide during legal proceedings, including during the hearing, can help the person chairing the hearing to understand what they consider appropriate for your age, as well as what you do and do not understand.

This information will help you be prepared should you find yourself in any of these situations. It is important to understand how the hearing works, so that you can be clear in your mind that there is no need to be afraid to tell the truth! Well done for being brave!

References:

European Union Agency for Fundamental Rights and Council of Europe, 2022, ‘Handbook on European law relating to the rights of the child’.

Article by Ramona Cîrcu, Activities Coordinator