This item was published during the term of a previous administration that ended in April 2007
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Vulnerable Witnesses Bill
28/05/2003
VULNERABLE WITNESSES (SCOTLAND) BILL
The Bill aims to improve the way in which witnesses are
treated by the justice system. It will provide better
protection for children and vulnerable witnesses, many of
whom are victims of crime. It will also allow vulnerable
witnesses to give their best possible evidence.
The Bill will:
- Ensure vulnerable witnesses are protected and their
voices heard
- Ensure the needs of vulnerable witnesses are
considered throughout the court process
- Protect the rights of witnesses
Background
The Bill evolved from a consultation paper issued in May
2002 - Vital Voices - Helping Vulnerable Witnesses Give
Evidence. The paper looked at the existing measures to help
vulnerable witnesses and proposed ways of improving the
measures to ensure that witnesses can give the best
evidence possible.
The consultation led to a
policy statement in February 2003. Legislation is to be
introduced in June 2003 and the Bill should have completed
its passage through parliament by early 2004.
Key Proposals
- revised categories of vulnerable witness, including
a wide discretionary category
- children under 16 will have an automatic right to
special measures
- in sex or violence cases, children under 12 should
not normally have to come to court to give
evidence
- special measures will be extended to civil
proceedings
- abolition of the competence test, which currently
prevents some children, and some adult witnesses (e.g.
someone with a learning disability), from giving
evidence at all, because they would not pass an initial
test by the judge on whether they understand the
difference between truth and lies