Child and Vulnerable Witnesses FAQ
Q: What is a vulnerable witness?
A: A vulnerable witness is defined in the Vulnerable
Witnesses Act as a person under the age of 16 on the date
of commencement of the proceedings or if the person is an
adult where there is a significant risk that the quality of
evidence will be diminished by reason of mental disorder or
fear and distress in connection with giving evidence.
Q: How much did this project cost ?
A: Approximately £120,000
Q: How many copies do you estimate will go out
each year?
A Over 10,000 booklets have been issued to relevant
agencies. We're unable to predict future requirements but
we have contingencies in place.
Q: Is the information available in other
languages apart from English?
A: Yes on request and we can also provide the
information in audio and large print.
Q: What are special measures?
A: They are measures designed to make it easier for a
witness to give their evidence in court proceedings and
include the use of screens in court, the use of a
supporter, the use of a live CCTV link, the use of a prior
statement or taking evidence on commission which means
taking evidence separately from the actual court
proceedings normally before the court proceedings begin.
This particular special measure will not be commenced until
November in respect of child witnesses.
Q: How many courts in Scotland are set up to
provide special measures?
A: All High Courts and 29 Sheriff Courts are equipped
with CCTV facilities and mobile equipment is available for
use in all other Sheriff Courts. A remote location will be
available for use in each sheriffdom by the end of October.
All the other special measures are available from any High
Court or Sheriff Court
Q: What about victims of crime? Is this just
for witnesses of crime?
A . The Vulnerable Witnesses (Scotland) Act 2004 which
provides the platform for the booklets and CD-ROM is
essentially to help witnesses give evidence in court
proceedings while at the same time improving the quality of
evidence offered. Many victims of crime may also be
witnesses. The Act is part of a wider programme of
statutory and non-statutory measures designed to ease the
journey of witnesses and victims through the justice system
enabling them to participate more fully in it .
Q: Why aren't special measures available for
all victims and witnesses?
A: Not all witnesses or victims need special measures to
help them give their evidence. All children who are
witnesses, however, have an automatic entitlement to
standard special measures i.e. the use of a screen, the use
of a live television link and either of these with the use
of a supporter.
Q: Do they have a similar scheme in
England?
A: The Youth justice and Criminal Evidence Act 1999
which is still being implemented contains broadly similar
provisions to the Vulnerable Witnesses Act.
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