| Abstract: | The development of government guidance can seem a mysterious process to those outside government. This paper, which draws on the author's experience, is intended to give some insight into how guidance in two areas—child witnesses and children involved in prostitution—was developed within the existing legal framework. Since that time, the Sexual Offences Act 2003 has come into force in England and Wales and the Children Bill is currently before Parliament. The paper begins by setting out the key legislation, regulations and guidance that underpinned the child welfare and criminal justice systems as they related to child protection at the time the guidance was being developed. It then describes how the different guidance documents relate to each other and the implications for practice. The development of speci?c guidance is drawn upon to illustrate some of the tensions that had to be resolved during the drafting and the processes by which they were ?nalized for approval by the Government. A key area requiring careful consideration was the differences between the family and criminal justice systems. In the former, the welfare of the child is paramount when making decisions and in the latter, the court has a duty to ensure the defendant has a fair trial. Copyright © 2004 John Wiley & Sons, Ltd. |
