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CHAPTER TWO 2.0 LITERATURE REVIEW



The Police and Criminal Evidence Act (PACE) 1984, the Mental Health Act 1983 (as amended by the Mental Health Act 2007) vividly recommends the availability of an adult during the trial of a child to ensure a fair trial for the child. This is due to the perceived undue influence that may be imposed on the child by other interested parties in the given case, for instance, lawyers. For instance in the case of Leach v Chief Constable of Gloucestershire Constabulary, Negligence – Duty of care – Police – Plaintiff acting as appropriate adult – Plaintiff claiming damages against police for psychological injury – Whether police owing duty of care to plaintiff – Codes of Practice under Code C. Or may give information that is unreliable to the officers which may later impact negatively on admissibility of evidence in a court proceeding.


Blumberg, A. (2009). Criminal Justice System: Issues and Ironies. New York: SAGE.


This book remains important in this work, given that it takes to analyze the dynamics of the criminal justice system. Most of the dynamics are those that are not usually anticipated; rotating on the loopholes that exist in the legal structures. Some of the legal technicalities such as what constitutes solid evidence are spelt out, in respect to the book. It advocated for the presence of an adult during the trial of a legal victim, witness, plaintiff or accused who is considered mentally unstable. The author stresses on the fact that the “mentally unstable” might give information that is unreliable to the police or may give information that end up incriminating themselves. It is therefore critical to have an adult during the questioning of the child. The book has been published by the Sage publishing company in New York.
Galaway, B. (2006). Adults presence: International Perspectives. New York: Prentice Hall.


This book by Galaway was published in New York, by the Prentice Hall Publishing Company. The main intent of the book is to address different perspectives that are extant, the world over, concerning adults presence. The importance of this book towards this study is to show that despite the fact that adults presence is seen as a weak alternative to the criminal justice system, the dynamics and loopholes in the world’s legal systems remain visible, calling for the need to embrace adults presence universally. This will include allowing for an adult presence during the questioning of child.


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