The Scottish Government

Section

Comments/issues

Action

• Draft Act of Adjournal issued to the group. It was agreed that more time would be required to enable members to consider the implications and comment. It was explained that after the consideration of any comments the redraft will be presented at the Rules Council meeting in January for comment then re- circulated to members in January 2005 and finalise draft (DN note sure what this means- is that a final draft will be prepared once members have had a chance to see it?). The possibility of further consultation (possibly with Faculty of Advocates and Law Society) was discussed and it was explained that this would take place later in the process as per the Lord President's instruction.
• The subject of a practice note was discussed and it was clarified that such notes would only be produced if considered necessary. A view would be taken on as the drafting and consultation process proceeds - the possibility of an addition to the memorandum on child witnesses was discussed as an alternative.
• The group went on to discuss points which they thought should be included in the Child Witness Notice.
• Information on the prohibition on the accused to personally precognosce child witnesses under 12 in certain circumstances - agreed that other measures in place would notify accused of this and there was no need for this information to be included in the Notice.
• How the views of the child were taken - The discussion on this was inconclusive but concern was expressed that if this were included in the form it would become over-encumbered and may become open to challenge.
• The requirement to highlight a request for non-standard special measures - agreed that notice wording could be changed to include this.
• Whether the witness is for the defence or prosecution - agreed that this was not required as this would be made apparent by who was applying.
• The Lord President's Private Office explained that the notice needed to be flexible to cover all eventualities. It was also agreed that the forms should be comprehensible to all parties including the Judge in order to avoid additional diets being held to reconsider revised notification.

• Members invited to submit comments to the Lord President's Private Office directly by email by close of business 9 December and requested to copy Victims and Witnesses unit in to any correspondence.

• The group pointed out other issues which had not been covered.

o Use of prior statement - The Lord President's Private office explained that this was already covered and did not need to be amended by an Act of Adjournal

o Use of live CCTV links from remote locations - The Lord President's Private office explained that there were no rules in the draft Act of Adjournal dealing with live TV links from within the court building. It was not immediately clear that there were any issues solely related to the link being from a remote location that required rules to regulate the court procedure. However, it was agreed that if any suggestions or comments were made, which identified areas suitable fro rules, these would be considered.

o Taking evidence on commission and expenses - The Lord President's Private office explained that there was not, as yet, any consensus of the relevant parties as to who was to bear the costs of this procedure and in what circumstances. They therefore confirmed that this aspect had been omitted from the Act of Adjournal and that they would await further information before they took this part of the Act of Adjournal further.

o A lack of clarity in the Act was perceived with regards to the 'special cause' that might allow the accused to be in the same room during the taking of evidence on commission (271I (3)(a)). Agreed that the Victims and Witnesses Unit would seek to clarify the point.

• It was then clarified that the DOB of accused would be included in the first paragraph of the notice to help the court match up paper work.
• Noted that the draft Act of Adjournal (Criminal Procedure Amendment (Criminal Procedure (Amendment)(Scotland) Act 2004)2005 may be amended to incorporate some rules that might be necessary as a result of implementation of the Vulnerable Witnesses (Scotland) Act 2004.

• The Victims and Witnesses Unit to consider this issue further.

Section

Comments/issues

Action

• Access to Justice Division advised members that the draft Act of Sederunt has not been circulated due to lack of time and fine-tuning requirements. It was suggested that the draft be presented at the next Rules Council meeting (January 2005) and that thereafter the 2nd draft would be issued to the group in advance of its next meeting on 3 February 2005.

• The group agreed that clarification was required on

• Which types of Children's Hearing court procedure would be included - SCRA agreed to help sift for all types of court procedures where evidence was likely to be led.
• The date of commencement in respect of Children's Hearings court procedures - SCRA to liaise with the Victims and Witnesses Unit and Access to Justice Division on this matter

• SCRA and Victims and Witnesses Unit to liaise jointly with Access to Justice Division.
• Victims and Witnesses Unit and SCRA to re-consider.

Section

Comments/issues

Action

• In discussion a lack of clarity on what exactly would be commenced on 1 April 2005 emerged. It was agreed that the Victims and Witnesses Unit and OSSE should meet to gain a common understanding of this issue.

• Victims and Witnesses Unit to arrange a meeting with OSSE to discuss and clarify commencement issues.