Reconsidering the Protection of Child Witnesses and Pre-Recorded Testimony: Comparative Perspectives from Spain and England and Wales

This study conducts a comparative law analysis between Spain and England and Wales, focusing on pre-recorded evidence as a procedural tool designed to prevent the secondary victimization of underage witnesses in criminal proceedings. In the Spanish system, recorded statements are intended to prevent children from having to repeat their testimony, ensure their protection and preserve the evidential value of their statements. Special measures are taken in England and Wales, such as video-recorded examination and pre-recorded cross-examination. These methods pursue similar objectives by reducing the child’s exposure to the judicial environment. The study identifies the similarities in their protective purpose and the differences that result from procedural structures. It also detects the lessons that each legal system can apply to optimize the use of these instruments and strengthen the protection of children and adolescents.