The Scottish Government

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Comments/issues

Action

• Explanitory paper issued giving detail of the contract awarded for the production of 2 pieces of guidance on taking evidence on commission and use of a supporter.
• The Group discussed the fact that collectively they would effectively be managers for this contract and were invited to attend a meeting for discussions with the contractors (Professor Ray Bull and Professor Graham Davies) at St Andrews House on 26 November at 3pm.
• It was explained that the professors will be consulting with a variety of stakeholders as part of their research and that the stakeholders concerned had been notified of a possible approach.

• Victims & Witnesses unit to re-issue Specification for work to members of the Group for information.

• Group members to notify Victims & Witnesses unit if they wish to attend meeting with contractors by 23 November 2004.

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Comments/issues

Action

• The victims & witnesses unit explained that paper VWTC/11/04 arose from the brainstorming session at the previous meeting which had as its purpose to encourage further consideration of this subject.
• VIA invited the group to view three videos for children, which they had obtained from south of the border on the subjects

o A case for balance

o A case for special measures

o Giving Evidence - What's it really like

The group agreed that these would be highly relevant as they demonstrated special measures in action and could possibly be adapted for Scottish purposes with for example additions around the subject of remote sites. It was agreed that information in different mediums would still necessary.

• The danger of promotional material becoming outdated by phase 2 of the introduction of the Act, was discussed. It was suggested that additions to existing SCS Virtual Courtroom go some way towards avoiding this problem.
• How to gauge the reactions of children to such material was considered. It was agreed that the Unit should try to obtain a copy of the research material setting out the views of children (referred to in evidence before the Justice 1 committee) as reluctant witnesses in domestic abuse cases in England .

• Justice for Children to obtain document showing views of children gathered in response to these videos.
• Victims & Witnesses unit to obtain copy of the research material setting out the views of children as reluctant witnesses in domestic abuse cases in England.

Training

• The possibility of a national strategy for training was discussed as a way to cover common areas of concern in training. Agreed that core/need to know what training would be required by all, and that specialist training depending on involvement and responsibilities of the type of organisation would have to be provided by the organisation concerned. The possibility of encouraging relevant organisations to create training plans through bilateral discussions with them was discussed as a possible step towards the Victims and Witnesses Unit being able to evaluate the adequacy of training.
• Agreed that Vulnerable Witnesses Act roadshows may flag up common areas of concern and highlight training needs. This had already occurred at the High Court Reform roadshows where lack of clarity about start dates for roll out had been highlighted as a cause for concern by practitioners. The requirement for clear timetable was agreed. Victims and Witnesses Unit still awaiting previously requested advice from OSSE on this matter.
• A training pack produced by SE for the Child Protection legislation was cited as an example of successful guidance and the group suggested that this could be used as a template for generic guidance, which should be produced with a view to being accessible and adaptable to anyone. It was suggested that this work may be something that the contractors (Professor Ray Bull and Professor Graham Davies) should bear in mind as should the sub-set group...

• Victims and Witnesses unit to send link to roadshow invite to be sent to sub-group

Section

Comments/issues

Action

Verbal progress report of sub-set group in drafting guidance on (a) identifying degree of vulnerability for child witnesses; (b) use of prior statements; (c) use of screens and;(d) Live TV links

• The sub-set met again on 12 October and informed the sub-group that

o they had contacted the police to obtain any guidance they may have on identifying vulnerability in child witnesses with a view to considering whether it might be incorporated in material being produced by the sub-set group

o they are looking at an info sharing protocol

o the subject of defence witnesses was being looked at

o they are investigating how best to obtain views of children and parents

• The sub-group then went on to say that any guidance produced by them would be best practice guidance covering simple tips about how best to do things as well as the more complex aspects. Agreed that any guidance should be produced with public access in mind.
• The sub-set group hoped that they would have a first draft of guidance on identifying the level of vulnerability in child witnesses ready for the next meeting of the sub-group and that they hoped to complete the whole package of guidance they had agreed to produce by the beginning of February.
• A document giving views gathered from children about CCTV was given to the sub-set for information by Justice for Children and a further copy was requested by Victims and Witnesses unit.
• Agreed Claire Collin, Victims and Witnesses unit should join sub-set.

• Justice for Children to provide Victims and Witnesses unit with a copy of document giving views gathered from children about CCTV.

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Comments/issues

Action

Field officer

• Field officer introduced and role explained as

o To assess the readiness of organisations for 1 April 2005, through field visits and direct contact & a questionnaire

o To identify possible sites for remote locations - by looking at existing accommodation and its suitability

o Roles and responsibilities in relation to remote sites and draft protocols

Re-course for members of the public re. special measures

• Discussions arose around the need for the public to be aware about the re-course available to them if they felt that a sheriff wasn't following best practice about special measures. Agreed that current re-course would be used.