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VITAL VOICES - Helping Vulnerable Witnesses Give Evidence
Footnotes
1 The law relating to the crime of rape was recently reviewed by the Appeal Court, High Court of Justiciary, in the Lord Advocate's Reference No.1 of 2001 v. Edward Richard Watt (22 March 2002)
2 1995 Act section 271.
3 "New Directions: Report on the Review of the Mental Health (Scotland) Act 1984" Scottish Executive 2001. See recommendation 19.11.
4 "Psychiatric Morbidity Amongst Adults 2000" Department of Health 2001.
5 Youth Justice and Criminal Evidence Act 1999 section 16.
6 "The Same as You? A Review of Services for People with Learning Disabilities" Scottish Executive 2000 Chapter 1 paragraph 10.
7 See section 17. Note however that the sections of this Act dealing with special measures for vunerable and intimidated witnesses have yet to be bought into force.
8 "Making it Safe to Speak? A Study of Witness Intimidation and Protection in Strathclyde" Scottish Office Central Research Unit (Fyfe and McKay) Crime and Criminal Justice Research Findings No 26 (1998).
9 Survey result quoted in "Preventing Violence Against Women: A Scottish Office Action Plan" Scottish Office 1998 at paragraph 4.1.
10 "Report of the Inquiry into the Liaison Arrangements between the Police, the Procurator Fiscal Service and the Crown Office and the Family of the Deceased Surjit Singh Chhokar in connection with the Murder of Surjit Singh Chhokar and the Related Prosecutions" by Dr Raj Jandoo Scottish Parliament 2001.
11 "Attitudes Towards Crime, Victimisation and the Police in Scotland: A Comparison of White and Ethnic Minority Views" Scottish Office Central Research Unit (Ditton) Crime and Criminal Justice Research Findings No 28 (1999).
12 Quoted in "Research on Repeat Victimisation in Scotland: Final Report" Scottish Executive Central Research Unit (Shaw and Pease) 2000 Chapter 1 Table 1.1.
13 "Research on Repeat Victimisation in Scotland: Final Report" Chapter 5.
14 Ibid Chapter 3 and Figures 3.7 and 3.8.
15 "The Experience of Violence and Harassment of Gay Men in the City of Edinburgh" Scottish Executive Central Research Unit (Morrison and Mackay) Crime and Criminal Justice Research Findings No 41 (2000).
16 T v UK; V v UK European Court of Human Rights 16th December 1999.
17 Prisoners and Criminal Proceedings (Scotland) Act 1993 section 34.
18 Youth Justice and Criminal Evidence Act 1999 section 23.
19 Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 section 56.
20 "Live Television Link: An Evaluation of its Use by Child Witnesses in Scottish Criminal Trials" Scottish Office Central Research Unit (Kathleen Murray) 1995 pp 24-27.
21 Civil Evidence (Scotland) Act 1988 section 2.
22 As in England and Wales: see Youth Justice and Criminal Evidence Act 1999 sections 27-28.
23 See page 91.
24 MacPhail "Evidence" The Law Society of Scotland (1987) paras 7.02 and S7.02.
25 Recommendation 16.
26 Section 29.
27 Sex Offenders Act 2001 (Republic of Ireland) section 34.
28 Children (Scotland) Act 1995 section 65(7) and (9).
29 Ibid section 44.
30 Ibid section 43.
31 The only exception is where it is the child who has allegedly committed the offence.: Children (Scotland) Act 1995 section 68(3)(b).
32 Criminal Procedure (Scotland) Act 1995 sections 274-275.
33 MacPhail "Evidence" para 7.02.
34 Children and Young Persons (Scotland) Act 1937 section 46, Broadcasting Act 1990 schedule 20 paragraph 4.
35 Paragraphs 7.15-7.19, 9.35-9.37.
36 These Acts make it clear that anti-social behaviour includes behaviour likely to cause alarm or distress, whether or not it actually does. This reduces the need for neighbours to testify, as it is less important to provide the court with evidence about the impact of the behaviour. See sections 19 and 23 of the 1998 Act and section 14 and schedule 2 part 1 of the 2001 Act.
37 2000 SLT 1442.
38 See paragraphs 9.28-9.42.
39 "Reducing the Risk: Improving the Response to Sex Offending" The Report of the Expert Panel on Sex Offending Scottish Executive 2001. See recommendation 72.
40 HMA v Grimmond (Lord Osborne, 29 June 2001).
41 See eg Green v HMA 1983 SCCR 42, Blagojevic v HMA 1995 SLT 1189.
42 Scottish Law Commission "Report on the Evidence of Children and Other Potentially Vulnerable Witnesses" Scot Law Com No 125 (1990) paragraph 3.20.
43 "An Evaluation of Child Witness Support" Scottish Executive Central Research Unit 2001 (Plotnikoff/Woolfson) Annex B Recommendation 8.
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