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VITAL VOICES: Helping Vulnerable Witnesses Give Evidence
Foreword by the Minister for Justice 
Everyone in Scotland has an interest in an effective, efficient and fair justice system. Our distinctive legal system has gained praise throughout the world but it can still be enhanced by further reform. We should expect high standards from the justice system in the administration of law and the treatment of people who become involved in the system. In particular, witnesses play a vital part and the administration of justice would not be possible without the willingness of members of the public to undertake this role.
Many witnesses are vulnerable and without assistance may be unable to participate fully in the justice system. This not only means that the witness may be unnecessarily distressed as a result of the experience but also that the court does not have all the relevant information before it when making a decision.
On 1 May 2002, we issued the consultation paper "Vital Voices: Helping Vulnerable Witnesses Give Evidence". This paper considered possible changes to the law of evidence and related aspects of court procedure, directed at providing specific help to vulnerable witnesses. It examined how the existing supports available to vulnerable witnesses could be improved and combined into a stronger package. Seventy-six responses were received and a report analysing the responses to the consultation exercise was published at the end of 2002. The majority of consultees were in favour of changes to the current law on the categories of persons who should be able to use special measures when giving evidence, the types of special measures used and the availability of these measures in other types of proceedings.
We have analysed the responses to the consultation paper and reviewed how the law works in practice in this area. We agree that changes are necessary. Vulnerable witnesses should receive the support they need to be able to give their best evidence. The proposals contained in this paper are an important step forward to ensuring this happens.
JIM WALLACE MSP
Deputy First Minister and Minister for Justice
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