Vital Voices: Helping Vulnerable Witnesses Give Evidence: Report on the Analysis of Responses to the Consultation

Corroboration

38 consultees considered whether the law of corroboration should be altered, with 33 supporting the Executive's line that it should not be amended and instead that supports available to vulnerable witnesses should be improved. 3 consultees sought a review of the law particularly in relation to cases involving rape and other sexual offences.

Defining Vulnerability

The consultation document invited comments on a number of suggested changes to the definition of "vulnerable person". There was majority support from consultees for widening the current definition of "vulnerable person" so that more witnesses would be eligible for special measures.
52 consultees considered whether the external circumstances faced by a witness should be taken into account when deciding whether they should be eligible for special measures. 44 consultees were in favour of this proposal. The main reason given for extending the definition of "vulnerable person" was on the basis that it was seen as too restrictive.
51 consultees addressed the question of whether specific categories of witness should be eligible for special measures, with 25 consultees in favour and 15 against. Five consultees gave conditional support and six consultees did not specify a clear view.
27 consultees considered that all alleged victims of sexual offences should be eligible for special measures. 9 consultees did not agree with this proposition.
Only 15 consultees were supportive of the proposition that all categories of witness should be allowed to use special measures.
35 consultees considered that an accused in a criminal trial should be eligible for special measures. 12 consultees gave conditional support to this proposition, with 6 consultees being against this proposal.

Special Measures

The majority of consultees were in favour of the use of the existing special measures and some consultees expressed views on how these measures could be better used.
28 consultees commented on whether pre-trial video recording of a cross- examination would be a positive development, with 19 agreeing that it would be a positive development. Only 5 consultees disagreed, with 4 not specifying their view.
32 consultees agreed that written guidance to clarify the role of the supporter would be helpful. No consultees were against this proposal.
33 consultees supported the ban on personal cross-examination by accused in sexual offence cases being extended to other types of case. 12 consultees did not agree with this suggestion.
There was a mixed response to the use of both intermediaries and a micus curiae in criminal proceedings.
52 consultees considered the issue of intermediaries with only 23 in full support of the proposal. The rest of the consultees either supported limited use of intermediaries, were not in favour or preferred awaiting the outcome of the pilot schemes being conducted in England and Wales.
The appointment of an a micus curiae was supported by 23 consultees with 21 not being in favour of the proposal.

Range of Proceedings

45 consultees supported special measures being made available in civil proceedings. 2 consultees were against the proposition.
41 consultees also supported the restrictions on use of character and sexual history evidence in criminal trials being introduced to referrals from the children's hearing system to the sheriff court.

Competence Test

There was little support for retaining the competence test in its current form.
With regard to child witnesses the majority of consultees were in favour of either abolishing (34 consultees) or modifying (12 consultees) the test. Only 9 consultees were in favour of retaining the test in its current form.
With regard to all witnesses 27 consultees wanted the test abolished, 12 wanted it modified with only 9 expressing the view that the test should be retained.

Expert Evidence

34 consultees were in favour of greater use being made of expert evidence in cases involving vulnerable witnesses. Only 11 consultees were against this proposal

Scottish Law Commission's recommendations on identification evidence

Only 2 consultees opposed the implementation of the Scottish Law Commission's proposals on identification evidence with 25 consultees being in favour of the proposal.

The Scottish Government