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VITAL VOICES - Helping Vulnerable Witnesses Give Evidence
Foreword by the Minister for Justice
Witnesses play a vital role in our justice system. Both the civil and criminal justice processes need witnesses to give evidence of events or circumstances that they have experienced or investigated. Without witnesses no criminal trial could take place, and many civil actions would never reach a conclusion. Witnesses may have a close personal interest in the case, for example as the victim of a crime, or as the injured party in a negligence claim. Or they may simply be bystanders, people who have seen or heard something happen and have information which can contribute to the justice process. Whatever their personal involvement, it is vital that they give their evidence to the best of their ability, so that those whose task it is to determine the outcome of the case have the information they need to enable them to do so. Anything which prevents that happening lessens the likelihood that justice will be done.
Some witnesses, especially children, have particular needs which the justice system must recognise and meet if the witness is to give his or her best evidence. The Justice Department of the Scottish Executive is working, in partnership with the Crown Office and Procurator Fiscal Service, the Police, the Scottish Court Service and a range of independent bodies, such as Victim Support Scotland, to improve the way the justice system treats witnesses generally, and vulnerable witnesses, including children, in particular. Many improvements are already taking place and many more can be achieved by the development of new ways of working and new attitudes, without the need for any changes to the law. Some changes to the law of evidence may however be needed to underpin changes in practice. This paper reviews the current law relating to vulnerable witnesses and discusses some possible changes.
Many of the issues which this paper addresses, particularly in relation to cases which involve the abuse of children or other vulnerable individuals, are complex and there are no easy solutions. The need to maintain a fair balance between meeting the needs of a witness and ensuring that justice is fairly and openly administered must always be kept in mind. We are keen to listen to new ideas and receptive to new approaches which meet that challenge and which will contribute towards our ultimate goal of a better system of justice for the people of Scotland.
JIM WALLACE MSP
Deputy First Minister and Minister for Justice
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