« Previous | Contents | Next »
Listen
Special measures available for vulnerable witnesses giving evidence
If you are identified as a witness who might be particularly vulnerable as described by the law, there are a number of special measures to help you give your evidence so that you can participate more fully in the criminal court proceedings or children's hearing court proceedings.
The special measures are:
- A screen in the courtroom;
- A television link outwith the courtroom;
- A supporter (using a support person);
- A prior statement previously given by the witness;
- Evidence taken by a commissioner.
It is also possible to use a combination of these special measures. For example, you may be considering whether to use a television link and also have a support person to sit with you whilst you give your evidence.
Please remember that these special measures are only available to particularly vulnerable witnesses and require a special application to be submitted and approved by the court.
If the person who is citing you to be a witness thinks that you may be vulnerable and there is a significant risk that the quality of your evidence will be affected, they will consider making an application to the court for you to use one or more of the special measures mentioned.
They should explain the special measures and discuss with you which one may be the most helpful, according to your particular needs and the circumstances of the case.
The application will have to contain information in support of their case for you to use special measures. This information may be quite brief or, where necessary, more detailed. In some circumstances, the information required to support the application for special measures may be of a private or sensitive nature, depending on the reasons for your particular vulnerability.
For the purposes of assessing vulnerability, or making an application to the court for you to use special measures, the person who cited you as a witness will discuss your circumstances with you. In some cases, they may need to ask for your permission to make further enquiries as to your health, perhaps from your doctor or social worker, to support their application to be submitted to the court.
Please note that some or all of the information or specialist reports prepared, in respect of your particular vulnerability, may form part of the application to the court for you to use special measures and will therefore be seen by, or be known to, the accused or their legal representative.
If you are concerned about any aspect of this, please speak to the person who is citing you to be a witness.
It is important to remember that the judge or sheriff will take account of your interests as a witness but must also take account of the interests of justice and the fairness to the trial or hearing.
« Previous | Contents | Next »