This item was published during the term of a previous administration that ended in April 2007
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Better protection for child witnesses
08/10/2002
New proposals to improve the way child witnesses are
dealt with by the Scottish justice system were published
today.
Justice Minister Jim Wallace, chairing a meeting of the
multi-agency Victims Steering Group in Edinburgh, said he
wanted to see a significant improvement in the present
level of support which child witnesses receive when giving
evidence in criminal justice and welfare proceedings.
The Executive is now seeking responses on the proposals
that include the introduction of national guidance for
implementation in Spring 2003 by all the relevant agencies
that deal with child witnesses.
Proposals detailed in the consultation document
include:
- proposals for the provision of support services for
child witnesses
- guidance on the conduct of court familiarisation
visits
- guidance on investigative interviewing
- guidance on the questioning of children in
court
- guidance on the provision of therapy to child
witnesses prior to criminal trials and children's
hearings court proceedings
Mr Wallace said,
"I am announcing today necessary and timely practical
reforms to the present way that child witnesses are dealt
with in the Scottish justice system.
"The reforms will deliver national standards while
striking a balance to ensure proceeding are fair and enable
children to give evidence to the best of their ability.
"This is a complex and wide-ranging piece of work
affecting some of the most vulnerable members of our
society and it is crucial that we get it right. That is why
we have taken great care to involve all those with a role
in court procedures and providing support to child
witnesses in taking this work forward.
"It is important that a standardised approach based on
good practice is adopted by all those currently involved
with children during the pre-court and court
proceedings.
"A co-ordinated approach to support services is the
goal. It is essential that there is consistent, good
practice across Scotland. The draft protocols published
today will provide clarification, information and guidance
on support for child witnesses, and ensure that the
children's needs are paramount."
David McKenna, Chief Executive of Victim Support
Scotland, said:
"Giving evidence in court can be a very traumatic
experience for anyone and children can feel particularly
intimidated by it. That is why it is so vital that court
processes take into account the needs of child witnesses
and that children receive support throughout this process.
We must remember that some of the most vulnerable child
witnesses are also victims of crime and they, in
particular, should be offered quality support. I welcome
this consultation and the opportunity it affords to discuss
these important issues."
The consultation period ends in January 2003.
A Child Witness Support Implementation Group has
been set up with the task of implementing recommendations
from the Lord Advocate's Working Group on Child Witness
Support.
Three sub-groups were established to take forward some
of the key recommendations. These subgroups comprised both
Executive officials and representatives from a wide range
of bodies involved with children and the law, including the
Executive's Justice and Education departments and Social
Work Inspectorate, Scottish Children's Reporter
Administration, Association of Chief Police Officers
Scotland, Association of Directors of Social Work, Crown
Office and Procurator Fiscal Service, Scottish Court
Service, Sheriff Association, Law Society of Scotland,
Faculty of Advocates, Family Law Association, Children 1
st, NCH Children, and Victim Support
Scotland.
Ongoing work to be completed by Spring 2003 will cover
the following areas:
- Promoting a sensitive and uniform approach to child
witnesses by the judiciary
- Improving communication about child witnesses
throughout the legal process
- Introducing measures to reduce the stress of child
witnesses during identification procedures
- Addressing the need for research focusing on
children's hearing court proceedings
- Improving the publications available to children
and their parents or carers
- Developing an information base on child
witnesses
- Prioritising child witness cases.
The Victims Steering Group meets three times a year and
comprises representatives of all the agencies involved in
the Scottish criminal justice system, including
representatives of victim support organisations. It has
responsibility for overseeing the work being done by its
constituent agencies, and for encouraging and co-ordinating
their efforts.