Part 4 of the CJ&L Bill - Evidence
Part 4 of the Bill brings forward a range of measures that are designed to improve the way our courts operate by offering greater flexibility, protection and support to victims and witnesses who pass through the justice system.
Priorities
The Bill includes provisions that will allow courts to grant witness anonymity orders so that, in appropriate cases, witnesses can give evidence in court using measures designed to preserve their anonymity. For example, those situations where evidence is given by under cover police officers or other agents whose effectiveness would be severely compromised if their identity became known.
The Bill also includes provisions to amend the law in order that a spouse or civil partner of an accused is treated no differently to any other witness. This change will ensure all witnesses can be compelled to give evidence, ending the restriction that exempted spouses or civil partners from being compelled to give evidence. The benefit of this change is that spouses or civil partners will no longer have the option to exempt from giving evidence and will no longer be able to escape justice.
Provisions will enable witnesses to give their evidence by television link from other parts of the UK (in certain circumstances), the provisions will allow witnesses from outside Scotland, but within the United Kingdom to give evidence in criminal proceedings via a live television link in both solemn and summary cases from outwith Scotland. The benefit of this change will help lessen the distress, inconvenience and cost of requiring witnesses from outside Scotland, but within the United Kingdom to give their evidence in Scottish Courts.
Other measures
Provisions that will:
- ensure the benefits of Vulnerable Witnesses (Scotland) Act 2004 are available in all court proceedings, rather than just trials