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Information About Child, Young and Vulnerable Adult Witnesses to Inform Decision-Making in the Legal Process Good Practice Guidance

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INFORMATION ABOUT CHILD, YOUNG AND VULNERABLE ADULT WITNESSES TO INFORM DECISION-MAKING IN THE LEGAL PROCESS GOOD PRACTICE GUIDANCE

CHILD, YOUNG AND VULNERABLE ADULT WITNESSES - NOTES ON COMPLETION

18 Further notes on completing information in relation to the prompts:

Witness List - Child Witnesses Minimum Information

Notes on Completion

Witness age and date of birth if witness is under 16 years of age

It is essential to identify child or young witnesses and to indicate date of birth:

  • in case the witness is a different age by the time of court proceedings
  • whether the child is under 12 for certain provisions under the Vulnerable Witnesses (Scotland) Act 2004.

2 full address types

  • A second address would be necessary if the child or young person is not living at home if applicable

General Remarks - Child, Young and Adult Vulnerable Witnesses

Does the adult witness appear to be vulnerable?

This can be based on the definition contained in the Vulnerable Witnesses (Scotland) Act 2004 whereby the quality of evidence of an adult may be diminished as a result of a mental disorder or due to fear or distress associated with giving evidence. Appendix 1 has full details of the definition.

Whether the child, young person or vulnerable adult witness is a victim

Home situation

To identify:

  • any social work or carer arrangements
  • what school the child or young person is attending; year they are in; whether they will be sitting exams
  • general hobbies and interests

Details of the responsible person

  • This could be the person who was with the child or young person when the statement was given
  • Whether the responsible person gave suitable and appropriate support/engaged with child or young person/was independent/impartial

Relationship of witness to alleged offender

  • Relative or known to the child, young person or vulnerable adult

Interpretation and translation needs

  • First language if not English, need for interpreter and for what language
  • Who acted as interpreter when initial statement was noted

Additional/Special needs

  • Ability to communicate and level of understanding; whether an appropriate adult was present
  • need for glasses
  • hard of hearing
  • need for sign language interpretation or lip reading
  • need for medication
  • any disability or need for special aids
  • details of GP
  • details of school child attends.

How child, young or vulnerable adult witness feels about going to court

  • willingness to be a witness
  • levels of anxiety
  • specific worries about court
  • supportiveness of parents or carers.

Whether it seems likely witnesses will need special measure/s including a support person

In general, or more specifically.

The special measures are:

  • Evidence on commission
  • Use of a live television link
  • Use of a screen
  • Use of a supporter
  • Giving evidence in chief in the form of a prior statement

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Page updated: Monday, April 3, 2006