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VITAL VOICES: Helping Vulnerable Witnesses Give Evidence
Chapter 1: Introduction
1.1 We are committed to improving the way in which all witnesses are treated by the justice system. The proposals contained in this policy statement are intended to enable better assistance and protection to be given to vulnerable witnesses, especially children. Changing the law can help to empower vulnerable witnesses to give their best evidence, but legislative change on its own is not enough. Significant progress in the treatment of witnesses will only be achieved if changes to the law are accompanied by changes to existing procedures, practices and attitudes.
1.2 We are already working on a number of initiatives to bring about improvements in the way witnesses, including victims, are treated by the justice system. These include:
- The Witness Service has been made available in all 49 Sheriff Courts and will be further extended to the High Court this year. This service provides information to witnesses about the court process and can arrange pre-court visits, helping witnesses to know what to expect when they give evidence.
- Victim Information and Advice was established by the Crown Office and Procurator Fiscal Service. This office provides support and information for prosecution witnesses.
- We are widely consulting on Lord Bonomy's review of the High Court. In his report he recommended that a room be identified at each High Court location where accused persons should wait. The accused would then be required to arrive at court 45 minutes before their case is due to start and to remain for an additional 45 minutes at the close of each day's proceedings, greatly reducing the chances that they might encounter witnesses.
- Almost three-quarters of courts now have separate rooms for prosecution and defence witnesses and the Scottish Courts Service will continue to refurbish Sheriff Courts so that even more court buildings have this facility.
- The Law Society of Scotland has issued a code of conduct setting out the responsibilities of solicitors in relation to precognition 1 of witnesses, in particular, vulnerable witnesses.
- The Child Witness Support Consultation document, which reviewed procedure and practice for child witnesses, concluded its consultation in January 2003. We are now analysing the responses to this consultation.
Framework
1.3 All parts of the justice system must take responsibility for vulnerable witnesses. Consideration of the interests of witnesses does not compromise the rights of the accused and the fair treatment of vulnerable witnesses should be seen as an essential part of achieving a fair trial. Our aim is to encourage a climate within our justice system where children and other vulnerable witnesses can fully participate.
1.4 Our vision for an effective and efficient justice system, which meets the needs of vulnerable witnesses, includes:
- Early identification of vulnerable witnesses by the police, legal profession and other agencies.
- Training for police officers and others conducting investigating interviews so that greater use can be made of recordings of vulnerable witnesses' statements in court, for example, a video recording of the first interview with an alleged victim of a racial or sexual assault.
- Consistency in the way that special measures for vulnerable witnesses are used.
- More extensive use of existing special measures, for example, evidence on commission. This may be a particularly suitable way of taking the evidence of young children but has not been used to date.
- An increase in resources such as live television links to meet the greater demand for special measures.
- Greater awareness on the part of judges, lawyers and other officials about the appropriate treatment of vulnerable witnesses. The evidence in a criminal case must be properly tested but questioning can be searching without being aggressive. For example, the Child Witness Support Consultation document outlined guidance for the questioning of children in court.
- Monitoring and evaluation of the effectiveness of changes in legislation and practice.
1.5 The above are simply examples of the practical work that will need to be undertaken for our proposals to be fully implemented. It will be necessary for all those involved in the justice system to work together to achieve the changes required.
1.6 Many aspects of our vision and proposals are complementary to the aims of the Lord Advocate's Working Group on Child Witness Support, which made a number of recommendations, some of which are addressed by the Child Witness Support Consultation document. All the proposals outlined in this statement will therefore be developed in conjunction with proposals arising from the analysis of responses to the Child Witness Support Consultation document and further work to implement the full set of recommendations arising from the Lord Advocate's Working Group on Child Witness Support.
1.7 This statement sets out the Executive's policy for changes to the law and although it is not being issued specifically for consultation, we welcome views from interested parties. These can be sent to:
Susan Fountain
Civil Justice & International Division
Justice Department
Scottish Executive
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Telephone: 0131 244 4842
Fax: 0131 244 4848
Email: vitalvoices@scotland.gsi.gov.uk
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