This item was published during the term of a previous administration that ended in April 2007
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Extra support for witnesses
03/04/2006
Further measures to support vulnerable witnesses when giving evidence in court become available from today.
As part of phase two of the Vulnerable Witnesses (Scotland) Act 2004, special measures will now be made available to adult vulnerable witnesses involved in High Court and Sheriff Court jury cases as well as children's hearings court proceedings.
The measures are intended to help witnesses who are frightened and distressed or who have a mental disorder, and where these factors pose a serious risk of reducing the quality of their evidence.
The measures include:
- Provision of a supporter to sit beside a witness as a reassuring presence
- Use of a live TV link allowing the witness to give evidence from a place other than the courtroom
- Use of a screen so that the witness cannot see the accused and be intimidated by them
- Use of a prior statement as evidence in chief. This allows a statement made soon after an incident to be a witness's main evidence
- Taking evidence by a commissioner in certain non-sexual offence cases. This allows evidence to be taken outwith the trial and normally without the accused being present in the same room
Deputy Justice Minister Hugh Henry said:
"We are currently in the middle of the most radical programme of reforms to transform our criminal justice system in a generation. Central to those reforms is a determination to do all we can to ensure witnesses receive the support they need to enable them to provide the best possible evidence in court.
"The Vulnerable Witnesses Act has already led to major changes in the way that support is provided. From today, as part of the second phase of implementation of that legislation, a range of further measures will be available to vulnerable, adult witnesses who may be required to appear in jury trials in the Sheriff or High Court, or to provide evidence in children's hearings court proceedings.
"The use of a supporter, TV link or screen will help minimise the anxiety associated with such an appearance. The use of prior statements as evidence in chief and taking evidence by commissioner will also mean that evidence can be given outwith the trial itself. This will reduce the stress and anxiety associated with attending court, and ensure that vulnerable witnesses can play their full part in ensuring justice is done."
The Vulnerable Witnesses (Scotland) Act received Royal assent on April 14, 2004.