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GUIDANCE ON CHILD WITNESS COURT FAMILIARISATION VISITS
FOREWORDS
Foreword by the Deputy Minister for Justice
In September 2003, I launched a Child Witness Support Guidance Pack with the first two documents in a series to improve standards of practice for dealing with child witnesses across Scotland. This pack contributes to our commitment to fully support victims and witnesses, especially our most vulnerable witnesses. I want to increase support and improve standards of treatment of child witnesses to help them participate in the legal process and give their best evidence in the interests of justice for all.
This guidance on Child Witness Court Familiarisation Visits is the third document in the series. Court familiarisation visits are extremely important in reducing some of the anxiety and stress associated with the court hearing. I am grateful to the agencies currently involved in conducting those visits including the Witness Service run by Victim Support Scotland, the Crown Office and Procurator Fiscal Service including the Victim Information and Advice Service, the Scottish Children's Reporters Administration, and social workers based in the High Court.
The aim of this guidance is to make sure that standards of best practice are implemented consistently by all agencies across Scotland and to make sure that whether the child is a victim or a witness, in criminal, civil or children's hearing court proceedings, there is someone responsible for ensuring they are familiar with the court setting in which they will appear.
An earlier draft of this guidance was developed by a multi-agency sub-group and published for consultation in October 2002. Many of the responses focused on the need to clarify who was responsible for initiating and conducting the visits and the roles of everyone involved in the court hearing. The points raised have been taken into account in this revised version.
This guidance complements a whole range of initiatives currently addressing the needs of victims and witnesses, including the implementation of the Scottish Strategy for Victims, the Vulnerable Witnesses (Scotland) Act and the provisions in the Criminal Procedure (Amendment) (Scotland) Bill. It also reflects the principles of how we go about helping vulnerable children and young people expressed in the Children's Charter. 1
This guidance will be reviewed and updated to take account of new developments but it is expected to remain relevant for some time to come and to contribute to providing better support to child witnesses to give their best evidence.
HUGH HENRY, MSP
Deputy Minister for Justice
Foreword by the Solicitor General for Scotland
The Crown Office and Procurator Fiscal Service welcomes this guidance. It sets out best practice on conducting court familiarisation visits and is intended to support the training and skills required from those who carry out this crucial task. We consider it to be a major asset in the training of those who will be responsible for conducting such visits for children.
Children are considered to be particularly vulnerable and find the process of giving evidence at court very difficult. This vulnerability entitles every child witness to special consideration within the criminal justice system. The onus to consider the best interests and welfare of child witnesses is one that all practitioners across a range of specialisations and agencies within the criminal justice system bear. The purpose of a pre-trial visit is to explain court procedures to the child and familiarise him or her with the court in order to reduce some of the anxiety which arises from fear of the unknown.
The endorsement by the key agencies in the criminal justice process demonstrates the collaborative approach that has been taken to the development of the guidance and COPFS is pleased to have been involved.
ELISH ANGIOLINI, QC
Solicitor General for Scotland
Photograph, courtesy of The Herald
Foreword by the Principal Reporter
Child witnesses must always have the best opportunity to offer complete and truthful testimony. They also have a right to be protected from any emotional distress that may be induced by a judicial process.
The Scottish Children's Reporter Administration has, with others, an interest in discovering the truth from, and in safeguarding the mental health and physical wellbeing of, any child witness whose evidence is required in judicial process.
The Guidance on Court Familiarisation Visits complements guidance already published and ongoing developments to support our vulnerable child witnesses in Scotland.
A visit to the place where a child is to provide evidence before that evidence is given is an important part of the support that is available to a child witness. Such visits have a proven track record of reducing anxiety for such young witnesses. This Guidance provides clear parameters and best practice for those involved in arranging for these visits to occur.
SCRA have been pleased to be part of the development of this Guidance in relation to court visits. An integrated approach that can apply to all judicial processes, whether criminal, civil or specialised children's hearing court proceedings, allows measures such as these to be coherent and consistent from the perspective of all child witnesses. It also means that Sheriffs and solicitors will be familiar with the issues.
This Guidance is another important tool for those who bring child witnesses into a judicial process and sets standards for the carrying out of this important measure of support.
ALAN MILLER
Principal Reporter
Scottish Children's Reporter Administration
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