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CODE OF PRACTICE TO FACILITATE THE PROVISION OF THERAPEUTIC SUPPORT TO CHILD WITNESSES IN COURT PROCEEDINGS
FOREWORDS
Foreword by the Deputy Minister for Justice
The experience of the justice system by a child witness is a stressful and bewildering one. I want to make sure they do not suffer any further unnecessary stress and receive the support they need. This document contributes to the series of child witness support guidance which aims to improve support and reduce stress for children involved in legal proceedings.
This code of practice aims to make sure that standards of best practice are implemented consistently by all those involved with children and the law. It addresses the extremely important issue of the provision of therapeutic support for child witnesses. The code strikes an important balance. It highlights the importance of appropriate therapeutic support whenever the child needs this, as well as how best to provide this support without risking contaminating the child's evidence.
This document has benefited considerably from the input of those directly involved with children in the justice system. All of them said that the code needed to be workable for all. I am extremely grateful for the detailed and thoughtful contributions of all the agencies involved in drafting and developing this document. Their contribution to and support for the code have been crucial to achieving a balanced and workable document.
We have initiated a comprehensive programme of legislation and best practice to address the needs of victims and witnesses, particularly those who are especially vulnerable. I welcome this particular contribution and look forward to further initiatives with key agencies in the future.
HUGH HENRY, MSP
Deputy Minister for Justice
Foreword by the Solicitor General for Scotland
Where a child has been traumatised as a result of a criminal act, the provision of some form of therapeutic support may be extremely beneficial, whether or not court proceedings result. This guidance is an excellent addition to the Child Witness Support Pack and seeks to address, in very practical terms, the conflict between concerns that evidence may be contaminated and what is considered to be in the best interests of the child. It goes a long way to ensuring that children receive the support that they need, when they need it.
As with other guidance within the Child Witness Support series, this document demonstrates the collaborative approach that has been taken and should be seen as best practice. It emphasises that decisions on the provision of therapeutic support are the responsibility of the child's carers and that criminal justice agencies should restrict their involvement in this process to advising, where appropriate, on whether the proposed support is likely to have an adverse effect on any subsequent court proceedings. The aim of the guidance is therefore to clarify that therapeutic support should not be discouraged and to establish guidelines on how that support can be provided while avoiding the risk of contaminating the evidence.
ELISH ANGIOLINI, QC
Solicitor General for Scotland
Photograph courtesy of The Herald
Foreword by the Principal Reporter
The Scottish Children's Reporter Administration has a unique role in securing the welfare of vulnerable children and is strongly committed to the early provision of therapeutic support designed to alleviate distress and trauma experienced by child victims of abuse. We have welcomed this opportunity to address the complex issue of how the provision of therapeutic support relates to the delivery of the child's best evidence in court proceedings.
The Code is directed at all involved with the child in this context including legal agents, therapeutic support providers, the child, family members and carers, social workers, voluntary agency workers and others.
Forming part of a much wider programme of work designed to improve the experience of victims and witnesses in the court system, the Code in particular addresses previous uncertainties of therapeutic support providers and legal practitioners over whether therapeutic support could proceed when a court case was pending. In the past, urgent and necessary support was sometimes delayed in the belief that evidence would be contaminated during the therapeutic process.
The Code sets out best practice for all engaged with the child in these circumstances. It clarifies the respective responsibilities and roles of all involved in both therapeutic support and court proceedings, focussing on the twin aims of better communication between all relevant parties and ensuring that the child's welfare and therapeutic needs are placed firmly at the centre of decision-making.
ALAN MILLER
Principal Reporter
Scottish Children's Reporter Administration
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