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Welcome to the seventh edition of Victims and Witnesses newsletter, Vital Voices.
This regular newsletter will help us share with you, and keep you informed of, what's going on in the unit and encourage your interest and participation to help us meet our goal of bringing victims and witnesses to the heart of the justice system.
Vulnerable Witnesses (Scotland) Act 2004 - Application to Civil Cases
Readers will recall that in Issue 6 we mentioned that we were now moving to implement phase 3 of the Vulnerable Witnesses (Scotland) act 2004 in relation to vulnerable witnesses in Sheriff Court summary proceedings. The fourth and final phase of implementation of the Act is due to come into force for child witnesses and adult vulnerable witnesses in civil proceedings (that is all non-criminal cases in the Court of Session and the Sheriff Court, including Fatal Accident Inquiries) with effect from 1 November 2007.
The general principles of the Act are the same in civil cases as in criminal cases. That is, the Act assumes that all children under the age of 16 are vulnerable witnesses and includes in the range of adults who can be classed as vulnerable witnesses those for whom there is a significant risk that the quality of their evidence will be diminished by reason of mental disorder, or through fear or distress. Applications for special measures to assist vulnerable witnesses to give their evidence are to be made by the party citing, or intending to cite, the vulnerable witness. The special measures available under the Act apply to witnesses even if they are parties to the proceedings. A party to proceedings is generally someone who has started a case or against whom a case has been started.
The special measures that may be available are:
- a TV link in another part of the court building
- a screen (so that the vulnerable witness cannot see the parties to the proceedings)
- a supporter
- evidence by a commissioner.
Further detail and guidance on the application of the Vulnerable Witnesses Act to witnesses in civil cases will be provided nearer the time.
Moving On
On 13 November, Sally Pendreigh, who has been with the Victims of Crime team in the Victims and Witnesses Unit for the last 4 years, has moved on secondment to COPFS' Victim and Diversity Policy and Development Division. Amongst other things, Sally will be working on VIA publications and monitoring. This will build on the work she has been doing with the Victims and Witnesses Unit, particularly on the information to victims and their families. The secondment is initially until the end of March 2007 and we wish Sally well.
New Publications
Revised editions of two information packs for families and friends following murder or culpable homicide, or a road death in Scotland, will be published later this month. Both packs will be available on the information section of our website: www.scottishvictimsofcrime.co.uk. Should you wish to contact us about these packs please email michele.aitken@scotland.gsi.gov.uk .
Vulnerable Witnesses Act (Scotland) 2004 - New Information Materials
We are pleased to announce the availability of further information for practitioners and the public about support for vulnerable witnesses. From
1 April 2006 the Act came into effect for adult vulnerable witnesses in criminal solemn proceedings (High Court and Sheriff Court jury trials) and children's hearing court proceedings.
Practitioner Phase 2 Promotional Flyer
The flyer emphasises for practitioners the major changes made to the definition of adult vulnerable witnesses and the requirement to lodge a Vulnerable Witness Application to the court for its consideration and approval.
Vulnerable witnesses DVD
This is the DVD format of the CD-Rom - 'A Guide for Children and Adult Vulnerable Witnesses'. As with the
CD-Rom, it is intended that those citing vulnerable witnesses should become familiar with the content and format of the DVD as we would envisage that they would be with the child or adult vulnerable witness when viewing the DVD and answer any further queries that the witness may have. In some cases, it may also be appropriate to give a vulnerable witness a copy of the DVD to view at home.
'Being a Witness'
Information booklets for adults with learning disabilities and their carers
These two booklets follow on as part of the series of 'Being a Witness' information booklets and have been written by Enable, on behalf of the Victims and Witnesses Unit, in partnership with a range of organisations that work with adults with learning disabilities. The booklet is intended to provide adult witnesses with learning disabilities with
easy-to-read information about being a witness and going to court. It is being supplied to the Crown Office and Procurator Fiscal Service, defence agents/lawyers and Children's Reporters to give to their witnesses. The guide for carers is intended to help them support someone they care for who has learning disabilities if that person is asked to be a witness and to go to court.
What Happens Next?
DVD for people with learning disabilities
This DVD has been produced, with funding assistance from the Scottish Executive, by Lanarkshire ACE, a group of people with learning disabilities, in partnership with a number of other relevant organisations. It is intended to help people with learning disabilities navigate their way through the justice system from the moment the incident involving them takes place through to the completion of the court proceedings. This DVD should be used in a similar way as the DVD/ CD-Rom for vulnerable witnesses.
Further information on the implementation of the Vulnerable Witnesses Act, and the wider issues surrounding child and adult witnesses and support for victims, can be found on our Victims and Witnesses website on http://www.scotland.gov.uk/topics/justice/criminal/18244/12279 .
This article was written by Robyn Kinniburgh-Clough a student from Trinity Academy, Edinburgh, who spent a week on secondment with the Victims and Witnesses in October.
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Vulnerable Witness Officer Pilot - Aberdeen
Here at the halfway stage of the Vulnerable Witness Officer Pilots, it seems to be an appropriate time to reflect on what has been achieved in the past 12 months and what still has to be done in the next 12.
The first few months were spent mapping the local criminal justice system through the five stages of reporting and investigation, prosecution and defence, children's hearings, court process and post court.
With the support and guidance of a very positive local steering group drawn from COPFS, SCRA, SCS, Aberdeen Bar Association, the Society of Advocates in Aberdeen, NHS Grampian, Aberdeen City Council, Children 1st, Victim Support Scotland, chaired by Deputy Chief Constable Pat Shearer, I was able to meet with staff and management working in these and other agencies, all of whom were encouraged to be as free and honest about their role, including the strengths and weaknesses of their particular agencies where they interacted with the justice process in Aberdeen.
From the outset, it was clear that one of the main weaknesses in the process is the identification of vulnerability in adult witnesses. Therefore, through many awareness-raising sessions with agencies working with, and supporting people who could end up giving evidence as vulnerable witnesses, we hope that vulnerability may be identified at an early stage and support put in place where appropriate, to help them better give their evidence.
Another issue that is giving cause for concern is the number of child witnesses and/or their parents who are not responding timeously to contact by VIA (Crown Office, Victim Information and Advice). Not only does this mean that they may not be receiving pre-trial information and court familiarisation visits but also that they probably not getting the most appropriate special measure to help them give their evidence.
Clearly, the implementation of the Vulnerable Witnesses (Scotland) Act 2004 will continue to throw up a number of practical challenges, but I am reassured by the fact that local agencies in Aberdeen seem keen to make sure that it will work.
To this end, my role therefore as a vulnerable witness officer is to help agencies identify gaps in service, raise awareness of the Act amongst practitioners both within and outwith the criminal justice system, to co-ordinate information gathering and sharing, provide training aids, and act as a channel to feed relevant local issues right to the heart of the policy making at the Scottish Executive.
An example of how this communication is working in practice was when local agencies fed back concerns to me that the current guidance on therapeutic support for witnesses only applies to children. The Victims and Witnesses Unit has responded to this and is to commission work to provide similar guidance for adult victims and witnesses of crime.
As for the next 12 months, we start the whole mapping process all over again, this time with civil proceedings at Aberdeen Sheriff Court. Awareness-raising across both criminal and civil matters will continue and of course we need to ensure that full monitoring of both pilot projects is carried out and an appropriate exit strategy implemented.
The outcome of that monitoring process will help decide the shape of support for Vulnerable Witnesses across Scotland in the years ahead.
By Zara Strange, Vulnerable Witness Officer for Aberdeen
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