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GUIDANCE ON INTERVIEWING CHILD WITNESSES IN SCOTLAND - Supporting Child Witnesses Guidance Pack
FOREWORDS
Foreword by the Deputy Minister for Justice
The Scottish Executive is committed to modernising the justice system so that victims and witnesses find a system that meets their needs. Child witnesses and victims are especially vulnerable. The whole legal process from the start of an investigation to giving evidence in court can make an already traumatic experience even more upsetting and stressful. We want to increase support and improve standards for child witnesses to help them participate in the legal process and give their best evidence.
This Guidance on Interviewing Child Witnesses in Scotland is the first in a series of guidance documents on Child Witness Support. It aims to set standards of practice which will significantly improve the quality of investigative interviews of child witnesses. It is primarily designed for police and social work but should be taken as a benchmark for any organisation involved in interviewing children.
An earlier draft of the guidance, which was developed by a multi-agency sub group, was published as part of a wider consultation document on Child Witness Support in October 2002. Forty-five of the responses to that consultation were in connection with this guidance. They focused on four main areas: training, use of terminology, video taping interviews, and securing a balance between comprehensive and prescriptive guidance. The points made in those responses have been taken into account in this revised version.
This series of documents will be complemented and strengthened by the measures in the Vulnerable Witnesses (Scotland) Bill which was introduced in June 2003. The provisions in the Bill are designed to allow further assistance and protection to be given to child witnesses enabling them to give their best evidence. Child witness reform is also part of wider reform of the justice system. We have a White Paper with proposals for implementing reform of the High Court of Justiciary and a review of summary justice ongoing, all contributing to key improvements in efficiency which will also benefit child witnesses. This guidance therefore contributes to a wide range of initiatives and legislation which will improve and increase the support for child witnesses.
I welcome this guidance, produced in partnership with other key agencies, and its contribution to securing a criminal justice system that fully supports victims and witnesses.
HUGH HENRY, MSP
Deputy Minister for Justice
Foreword by the Solicitor General for Scotland
Witnesses are fundamental to the operation of the criminal justice system. We ask a lot of our witnesses, particularly our child witnesses and it is, therefore, vital to reduce any unnecessary distress and anxiety which is caused by involvement in criminal proceedings. It is crucial that those who work with child witnesses are equipped with the special skills and understanding to enable children to give their best evidence.
This guidance is intended to assist those conducting interviews with such children and describes good practice in preparing for and conducting these interviews. Many children are particularly vulnerable and may find this interview process very difficult. This vulnerability entitles every child witness to special consideration within the criminal justice system.
The endorsement of this guidance by the key agencies in the criminal justice process demonstrates the collaborative approach that has been taken towards the preparation of this document and it is hoped that it will provide an example of "best practice" to ensure that investigative interviews of children are conducted to the highest standard and that child witnesses are able to participate fully in the process.
Although the guidance focuses primarily on investigative interview techniques employed by the police and social work, much of the advice on offer is equally applicable to those who conduct interviews with children at any stage of criminal proceedings, for instance those who precognosce child witnesses on behalf of the Crown, defence solicitors and the Scottish Children's Reporters Administration.
Recognising that every child is different, it is intended that this guidance will provide to those conducting investigative interviews a flexible framework that can be adapted to the individual needs of each child.
ELISH ANGIOLINI, QC
Solicitor General for Scotland
Photograph courtesy of The Herald
Foreword by the President of the Law Society of Scotland
The Law Society of Scotland has a unique role in the administration of justice in Scotland. Not only is the Society concerned with the administration of justice from the perspective of the legal profession, it is equally concerned from the viewpoint of the public, the stakeholders in the justice system whether as victims, witnesses or accused persons. The Society is therefore committed to working with others in improving and modernising the justice system as a whole.
Children have a special place in that system and it is important that they are given the support necessary to participate effectively in the process. For many, their first contact with the legal system will be through professionals, such as the police and social workers, who conduct investigative interviews. Professionals such as these must be sufficiently trained in interviewing techniques and practice so that they can ensure that the child is protected from unnecessary distress and that the investigative interview is conducted effectively. The Guidance on Interviewing Child Witnesses is an excellent and comprehensive guide for all those who are involved in interviewing children in the justice system.
This guidance is part of a much wider programme of work designed to improve the treatment of victims and witnesses in the justice system. The Society welcomes these developments and believes that the identification of potentially vulnerable witnesses at an early stage in the case and the co-ordinated communication of that information to all involved is crucial to improving the treatment of these witnesses. Identification of vulnerable and intimidated witnesses is a practical rather than a legal issue and must be tackled through increasing awareness and sensitivity and by enhancing the knowledge and skills of everyone involved in the justice process. This guidance, together with training and other current initiatives, will improve the support which is available for child witnesses.
The Society is grateful for having had the opportunity to contribute to the development of this guidance and looks forward to seeing it working in practice.
JOSEPH PLATT
President of the Law Society of Scotland
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