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Guidance on Child Witness Court Familiarisation Visits

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GUIDANCE ON CHILD WITNESS COURT FAMILIARISATION VISITS

APPENDIX A: GLOSSARY OF PERSONNEL AND FUNCTIONS

Advocate Depute

Crown counsel (including senior advocate deputes, advocate deputes and ad hoc advocate deputes) prosecute cases in the High Court.

Children's Reporter

Conducts court cases arising from children's hearings, including those called to establish grounds for referral. The reporter presents the case, leads evidence from witnesses, cross-examines defence witnesses, and sums up at the conclusion.

Court Officer/Macer (High Court)

The court officer/macer assists the court during the case. S/He checks all witnesses are in attendance and in the correct waiting room/area. S/He calls witnesses from the waiting room when it is their time to give evidence and shows the witness where to stand or sit in court.

Defence Agent/ Defence Solicitor

Represents the accused in a criminal trial, questions prosecution witnesses and presents evidence for the defence. Each accused is entitled to their own solicitor.
In children's hearing proceedings the defence solicitor performs the same function on behalf of the young person who the proceedings are about, if old enough, and the relevant person/s. (The relevant person is usually a parent of the child. Others, such as grandparents or foster carers, could also be relevant persons.) Each relevant person is entitled to his own solicitor.

Defence Counsel/ Defence Advocate

An advocate or solicitor advocate may be instructed by the defence solicitor to present the case for the accused (criminal trial) or relevant person (children's hearing proceedings). In this event the instructing solicitor will also attend.

Jury

Fifteen people, who are members of the public, chosen at random to listen to all evidence and take direction from the sheriff or the High Court judge before deciding if the accused person is guilty or innocent.

Police Officer or Security Officer

May be present in court to escort an accused, or where safety and security within the court require it.

Press

A court reporter may be present at a criminal trial subject to any restrictions or conditions imposed by sheriff or trial judge.

Procurator Fiscal/ Fiscal Depute

Prepares the prosecution case in the Sheriff and High Court and, in Sheriff Court criminal trials, also presents the prosecution case against the accused, leads evidence from prosecution witnesses, cross-examines defence witnesses and sums up at the conclusion of the case.

Safeguarder

In children's hearing proceedings a safeguarder may be appointed either by a hearing or by the sheriff.
The safeguarder has a legal or social work background and experience of children's matters. S/He is appointed to safeguard the interests of the child who is the subject of the court proceedings. (If the safeguarder is not a solicitor s/he may choose to instruct a solicitor to represent him or her in court.)

Scribe/Note-taker

The procurator fiscal, children's reporter or any solicitor or advocate involved in the case may be assisted by a note-taker or scribe in noting evidence throughout the case. In High Court trials a shorthand writer may be present to provide a record of proceedings.

Sheriff/ High Court Judge

The sheriff/High Court judge presides over the court, makes sure that the law is complied with, and decides what sentence should be given if the accused person is found guilty.

Clerk of Court

The clerk of court calls the cases, records court proceedings and advises court users on court procedures.

Wider Programme of Work on Vulnerable and Child Witnesses

The guidance set out in this document is part of a wider programme of work on victims, witnesses and the modernisation of the justice system. This chart sets out the wider programme and how it contributes to our aims and objectives for vulnerable and child witnesses.

Our Aim

To increase support and improve standards of treatment of vulnerable witnesses to help them participate in the legal process and give their best evidence.

The Executive is committed to:

  • securing a criminal justice system that fully supports victims and witnesses
  • reforming the courts and the legal system to deal with cases more efficiently.

It is widely accepted that children under 16 and other vulnerable witnesses find the current legal process intimidating and distressing.

The Executive:

  • is now beginning the implementation process for the Vulnerable Witnesses (Scotland) Act. This will enable better protection and assistance to be given to vulnerable witnesses, particularly children - it is also intended that this new Act will help to support the development of a culture within the justice system which enables children and other vulnerable witnesses to participate fully
  • has introduced a Bill to reform the operation of the High Court in Scotland which will be of benefit to vulnerable witnesses
  • has implemented the Scottish Strategy for Victims, including establishing a Witness Service in Sheriff and High Courts and a Victim Information and Advice Service within the Crown Office and Procurator Fiscal Service
  • co-ordinates the Child Witness Support Implementation Group to oversee the implementation of the recommendations of the Lord Advocate's Working Group on Child Witness Support.

Objectives

With regard to Vulnerable and Child Witnesses, these four key areas of work have commonly agreed objectives to:

  • Improve information and support systems
  • Improve case management and introduce greater certainty of time scales in sensitive cases
  • Improve and increase the availability of special measures
  • Improve the gathering and taking of evidence.

Child Witnesses

For child witnesses, this includes:

Information and Support Systems

Case management

Special measures

Gathering evidence

Publication and distribution of information for child witnesses and parents or carers
CW

Consistent inter-agency operational support of young witnesses
CW

Automatic entitlement to special measures
VV

Improve conduct of interviews and precognition with young witnesses
CW

Victim Support services, 31 local services, overseen by Victim Support Scotland that provide support to victims of crime
SSV

More thorough case preparation
HCR

Supporter as a statutory special measure
VV

Greater use of prior statements as main evidence
VV

Witness Service. Delivered by Victim Support Scotland, it provides information and practical and emotional support to all witnesses in the Sheriff and High Court cases
SSV

Active case management by the judge including mandatory preliminary hearings
HCR

Availability of special measures for witnesses in civil proceedings
VV

Reduce stress of young witnesses in relation to identification of accused
CW

Victim Information and Advice
SSV

Consideration of special measures and case management by the Judiciary
CW

Streamlined notification procedure for special measures well in advance of trial
VV

Dock identification unnecessary where witnesses have previously identified accused
VV

Publication and dissemination of leaflets and launch of website. www.scottishvictimsofcrime.co.uk
SSV

Good practice guidance for judges and sheriffs and revision of the Lord Justice General's Memorandum on the treatment of Child Witnesses by the Courts, 1990
CW

Children under 12 in criminal cases about sexual or violent matters to give evidence without having to come to court
VV

Abolition of competence test
VV

Clarify roles of those making decisions relating to therapy before court proceedings
CW

Facilitate the prioritisation of cases with young witnesses
CW

Improve standards of questioning children in court
CW

Improve conduct of court familiarisation visits
CW

Modernised time limits to avoid unnecessary adjournments
HCR

Restrictions on use of evidence relating to a witness's character and sexual behaviour in children's hearing court proceedings
VV

Refurbishment of court premises SSV

Greater certainty of trials including fixed diets
HCR

Discretionary power in non-sexual offence cases to prevent accused conducting his own defence
VV

Information on Vital Voices and the Vulnerable Witnesses (Scotland) Act 2004 is on website www.scotland.gov.uk/vitalvoices
VV

Information about young witnesses to inform decision making in the legal process
CW

Questioning victims of sexual offences in court
SSV

Establish inter-agency mechanisms for collection and publication of statistics on young witnesses and court proceedings
CW

Use of expert evidence to provide information about behaviour of a witness
VV

CW= Child Witness Support Implementation Group
VV= Vital Voices (Vulnerable Witnesses (Scotland) Act 2004)
SSV= Scottish Strategy for Victims
HCR= Lord Bonomy's Reform of the High Court - now the Criminal Procedure (Amendment) (Scotland) Bill

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Page updated: Monday, April 3, 2006