« Previous | Contents | Next »
Listen
CODE OF PRACTICE TO FACILITATE THE PROVISION OF THERAPEUTIC SUPPORT TO CHILD WITNESSES IN COURT PROCEEDINGS
INFORMATION SHARING
67 The Crown Office and Procurator Fiscal Service is seeking to improve communication with victims and vulnerable witnesses through its Victim Information and Advice service (VIA), which is now established in every fiscal area. The function of VIA is to keep victims and vulnerable witnesses informed about the progress of their case as well as general information on legal proceedings. They can also be a contact to pass on information and concerns to the procurator fiscal, or to refer victims and vulnerable witnesses to other agencies for counselling and support. VIA works closely with other statutory agencies (the police, Scottish Court Service) and also with other voluntary agencies (Victim Support's community or court based witness services, Women's Aid). This means the child and/or the child's carer will be informed proactively about the progress of their case including dates and arrangements for court and pre court familiarisation visits. A list of local VIA and procurator fiscal contacts is contained in Appendix 4.
68 The Scottish Children's Reporter Administration is committed to assisting vulnerable witnesses and victims by providing appropriate information in an accessible form. It is clearly accepted that the child witness and the child's carers have a right to be properly informed about children's hearing court proceedings and as much as possible about the progress of their particular case. The reporter will discuss with the child and carers whether a court appearance is necessary and whether special measures would be appropriate to allow the child's best evidence to be given. The reporter will discuss these measures with the child and carer in advance of any court appearance. The Administration is committed to the principles of openness, accessibility and support. A list of SCRA offices can be found at Appendix 5 in order to assist communication between therapeutic support providers and the relevant children's reporter.
69 Therapeutic support providers can ask the children's reporter, the procurator fiscal or the police whether court proceedings are in prospect for a particular child. In turn, the children's reporter or the procurator fiscal would like to be advised if a decision has been taken to provide therapeutic support. It is therefore recommended as good practice that the therapeutic support provider, if they are aware that the child is to give evidence, inform VIA on behalf of the procurator fiscal, or the children's reporter that therapeutic support is being provided, as well as any particular difficulties or anxieties a child may have relating to the legal proceedings.
70 Therapeutic support providers giving this information to other parties should ensure that the child and/or the child's carer is informed of this (see section on confidentiality below). In addition, a therapeutic support provider may find information about the outcome of concluded court proceedings helpful. The child and the child's carer should also have information from VIA or the children's reporter on the imminence or outcome of a case and can, of course, let the therapeutic support provider know about this.
71 Therapeutic support providers will have variable background information about a child, depending upon how or from where the case is referred. If, for example, a child protection unit or a social work department have referred the child, there may be general background knowledge of a disclosure that has been made by that child. If a general practitioner has referred the child, there may be less information. It is not expected that the therapeutic support provider will have details of the charge(s) or of the investigative interview from the police, procurator fiscal or children's reporter. Indeed, it is recommended that there is less risk of contamination if the therapeutic support provider is starting with an open mind and only broad background knowledge of any disclosure or the general nature of the charges. Regardless of what background information the therapeutic support provider has or finds it beneficial to seek, it should be stressed that the role of the therapeutic support provider is to provide support and it is not expected that there is a fact-finding or investigative role.
72 Within this context of variable background knowledge, if it is known that fresh disclosures have been made during a therapeutic support session, or there has been a change to the story or version of events, the therapeutic support provider should report these to the police. The police will then follow child protection guidelines and will contact social work services to agree whether any further investigation or action is required. The police will also contact other relevant authorities including the children's reporter or procurator fiscal. Disclosures may be verbal, or, for example in younger children, may be through actions. If the therapeutic support provider is in any doubt as to whether fresh disclosures have been made, they should discuss the matter with the police or social work.
73 If these new allegations or disclosures become an issue in subsequent court proceedings, the therapeutic support provider may be asked to give evidence concerning the circumstances in which the disclosures were made. This could result in either side in the process seeking to test the reliability of that evidence and address the possibility that evidence may have become contaminated during therapeutic support. If there have been therapeutic support sessions prior to the witness giving evidence, the defence may want to enquire into what happened at those sessions with a view to establishing whether the witness's description of events or of the impact of events on them has changed.
« Previous | Contents | Next »