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Support for vulnerable witnesses
02/06/2008
All involved in the justice system are today being urged to 'play their part' in making sure vulnerable witnesses receive the support they need to give their best evidence.
Justice Minister Kenny MacAskill will make the call when he hosts a conference with an audience of solicitors, sheriffs, social workers and police to discuss the implementation of the Vulnerable Witnesses Act.
They will also consider whether anything more needs to be done to ensure vulnerable witnesses receive the special measures, including the use of screens and giving evidence by live TV link, they are entitled to.
Mr MacAskill said:
"Our justice system relies on those who, often through no more than a quirk of fate, have been witness to a crime. For many people, giving evidence in court can be a stressful experience, but for children and vulnerable adults it can be especially traumatic.
"That's why we need to make sure they receive the support and assistance they need to give their best evidence. The Vulnerable Witnesses Act put in place a number of special measures, such as giving evidence by TV link, designed to make this happen.
"The challenge now is to make sure that they are used consistently across Scotland and that everyone involved in the Justice system plays their role in making this happen.
"That's why we've organised this conference and I'm pleased that we've got people from across the range of interests due to attend. From social workers and police to solicitors and health workers - these are the people who can help make sure that vulnerable witnesses get the help and support they need."
The conference is at Tulliallan Police College and it will be addressed by a range of speakers including the Justice Secretary , The Lord Advocate, Lord Kinclaven and CHILDREN 1ST.
The Vulnerable Witnesses (Scotland) Act 2004 received Royal Assent on April 14, 2004. It has been implemented incrementally since April 2005 and implementation was completed on April 1, 2008. It 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