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VITAL VOICES - Helping Vulnerable Witnesses Give Evidence
Summary of Questions
1. Paragraph 1.15 Do you support the Executive's view that the law on corroboration in criminal cases should not be changed?
2. Paragraph 3.4 Should the external circumstances faced by a witness be taken into account in deciding whether he or she should be eligible for special measures?
3. Paragraph 3.7 Should only specific categories of witness be eligible for special measures, or should any witness be allowed to use them if the court permits?
4. Paragraph 3.12 What criteria should be used to decide whether someone with a mental illness should be able to use special measures?
5. Paragraph 3.14 Is the current definition of a vulnerable witness adequate to cover adults with learning disabilities?
6. Paragraph 3.18 Should all alleged victims of sexual offences be eligible for special measures?
7. Paragraph 3.28 What factors should be taken into account in deciding whether a witness is sufficiently affected by actual or feared intimidation as to need special measures?
8. Paragraph 3.30 Should communication problems be included in the definition of a vulnerable witness, and if so how?
9. Paragraph 3.32 Which vulnerable witnesses, if any, should be automatically entitled to use special measures?
Where entitlement depends on permission of the court, when and how should judicial discretion be exercised?
10. Paragraph 3.36 Should the accused in a criminal trial ever be eligible for special measures, and if so when?
11. Paragraph 4.5 What are the advantages and disadvantages of video recorded evidence on commission, and how could the procedure be better used?
12. Paragraph 4.8 How could screens be better used?
13. Paragraph 4.10 How could CCTV be better used?
14. Paragraph 4.15 How could better use be made of prior recorded statements?
Would separate pre-trial video-recorded cross-examination be a positive development, and how would it work?
15. Paragraph 4.19 Does the role of a supporter require clarification?
Would written guidance be helpful?
16. Paragraph 4.23 What would be the advantages and disadvantages of a combined approach involving elements of video recorded evidence on commission, live link and a supporter?
17. Paragraph 4.26 Is the existing law on clearing the court operating satisfactorily?
18. Paragraph 5.4 Should any accused outwith sexual offence cases be banned from personal cross-examination, and if so in what circumstances?
19. Paragraph 5.9 Do consultees have views on the possible use of intermediaries?
20. Paragraph 5.15 Would the appointment of an amicus be beneficial in particular cases?
21. Paragraph 6.5 Should some or all special measures available in the criminal courts also be available in court proceedings connected with children's hearings?
22. Paragraph 6.7 Should the restrictions on use of character and sexual history evidence in criminal trials also apply in court proceedings connected with children's hearings?
23. Paragraph 6.15 Should special measures be available in civil proceedings, and if so in what types of case?
24. Paragraph 6.16 How would the costs involved be met?
25. Paragraph 7.15 Should the competence test be retained, modified or abolished (a) for children only and (b) for all witnesses?
How should the courts deal with the giving of evidence by witnesses who may have mental disorder or impairment?
26. Paragraph 8.5 Should greater use be made of expert evidence in cases involving vulnerable witnesses, and if so in what circumstances?
27. Paragraph 8.9 Should the Scottish Law Commission's recommendation on identification evidence be implemented in full?
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