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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.
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2 full address types | - A second address would be necessary if the child or young person is not living at home if applicable
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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
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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
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Relationship of witness to alleged offender | - Relative or known to the child, young person or vulnerable adult
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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
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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.
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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.
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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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