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Support for vulnerable witnesses
22/08/2008
Justice Secretary Kenny MacAskill and the Lord Advocate Elish Angiolini will meet key representatives from across the justice system to help make sure vulnerable witnesses get the support they need.
Senior figures including The Crown Agent and the Dean of the Faculty of Advocates have been invited to the business breakfast, designed to make sure everyone involved in the justice system is complying fully and comprehensively with the Vulnerable Witnesses Act.
Justice Secretary Kenny MacAskill said:
"Victims and witnesses must be at the heart of criminal justice. For too long they have been forgotten or ignored.
"Since the Vulnerable Witnesses Act came into force many witnesses have benefited from special measures such as screens or giving evidence by live TV link.
"We know that there have been improvements to the way the justice system deals with vulnerable witnesses, but we are not complacent. More needs to be done to make sure the detail and spirit of the Act is applied consistently and comprehensively across Scotland.
"I hope this meeting can help us to flush out any problems in the system and work out what more needs to be done to make sure each and every vulnerable witness gets the support needed to give their best evidence."
The Lord Advocate Elish Angiolini QC said:
"Many people are concerned at the thought of giving evidence in court and for some it can be a very traumatic experience. With the Vulnerable Witnesses Act we aim to ensure that special measures are put in place to assist vulnerable witnesses to give their evidence.
"We are constantly striving to improve our practices and procedures and we will be discussing what further measures need to be put in place to ensure the Act gives vulnerable witnesses the support and reassurance they need when giving their evidence."
The Vulnerable Witnesses (Scotland) Act 2004 received Royal Assent in April 2004. It has been implemented in stages since 1 April 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