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Support for vulnerable witnesses
22/04/2008
People from across Scotland who have been involved in implementing the Vulnerable Witnesses (Scotland) Act 2004 were thanked at a special reception at Edinburgh Castle last night.
The Scottish Government organised the reception to honour all those involved in successfully implementing the Act which aims to provide additional support to vulnerable witnesses to help them give their best evidence in both criminal and civil proceedings.
Justice Secretary Kenny MacAskill said:
"The Vulnerable Witnesses Act is one of a number of recent changes aimed at modernising our justice system - putting witnesses at the heart of it and helping them to have their say in court.
"Almost more important than the Act itself is the change it has kick-started in the attitude towards witnesses in the Justice System who are, after all a crucial part of the system.
"This has been brought about in no small part by the commitment of the staff of many organisations, some of which are represented here today, to making the Act work. I am very grateful to all of those who have played a role in making this happen."
The Criminal Procedure (Amendment) (Scotland) Act 2004 reformed procedures in the High Court: The Vulnerable Witnesses (Scotland) Act 2004 provided for special measures to help witnesses give their evidence and extended eligibility for special measures: The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 reformed summary justice.
The Vulnerable Witnesses (Scotland) Act 2004 received Royal Assent on April 14, 2004. It has been implemented incrementally since April 1, 2005 and covers witnesses in the High Court, Sheriff Court solemn and summary proceedings, children's hearings court proceedings and other civil proceedings in the Court of Session, Sheriff Court and Fatal Accident Inquiries.
Children under 16 have an automatic right to certain "standard" special measures and adult vulnerable witnesses may access special measures if they are suffering from a mental disorder or where there is a significant risk of the quality of their evidence being diminished because of fear or distress in connection with giving evidence.
The special measures are -
- Giving evidence via a live television link
- Using a prior statement as evidence in chief ( not in civil proceedings)
- Using a screen in court
- Giving evidence to a commissioner
- The use of a supporter
Most of these measures also apply if a child accused or adult accused who has also been identified as a vulnerable witness gives evidence.