Justice Secretary Kenny MacAskill
Implementation of the Vulnerable Witnesses Act
April 1, 2008
For too long the justice system took witnesses for granted, or worse, considered them almost a nuisance. Yet they are citizens doing their duty and often standing up to be counted. Sometimes they Sometimes people may be scared, intimidated, or don't fully understand the court system and what's happening. They are people who may need help and support.
Thanks to the Vulnerable Witnesses Act things are getting better. The Act which became fully operational from 1st of April provides for vulnerable witnesses to receive certain help - designed to make sure they can give their best evidence.
This means that where there is a significant risk that the quality of evidence will be diminished through fear or distress or where someone is suffering from a mental disorder application can be made for special measures. It also means that all child witnesses are automatically entitled to certain help.
In practical terms child witnesses can give evidence by a live television link in another part of the court building or use a screen - to shield them from view of the accused as of right. The special measures which may be available to adult and child witnesses in addition, include using a prior statement to give evidence, giving evidence by a commission and use of a supporter. The provisions of the Act apply to witnesses in criminal and civil proceedings.
We have been doing a lot of work to make sure people involved in the legal system are aware of these changes - from preparing extensive guidance to speaking at conferences and writing to relevant organisations. Much has also been done to inform witnesses of the help which may be available to them through the publication of information booklets, a DVD and CD ROM. There is also the witnessesinscotland.com website which makes all the information easily accessible to those who might need it.
In June this year we will be hosting a major conference at Tulliallan - designed to provide an opportunity for discussion and updates around how the implementation of the Act is going, what more needs to be done and how well vulnerable witnesses are being supported.
I think we are already well on the way - for example most Scottish Courts already have facilities in place and the Court Service are making sure the rest follow as quickly as possible. Indeed all courts can receive evidence by video, so if necessary a witness simply has to give evidence from another court - which is then relayed to the trial.
I've also spoken to various lawyers who are well aware of the new measures, how they apply and how to make sure clients benefit from them. Similarly discussions with Sheriffs and Judges have shown they are also up to speed with the new legislation and are taking steps to help make sure all vulnerable witnesses get the help and support they need.
The legislation is the first step to making sure the justice system treats vulnerable witnesses with respect and helps them to give the best possible evidence. The challenge now is to make sure all those involved seize this opportunity to really make a difference for those witnesses and the system as a whole.
We need to make sure Scotland can be proud of the way we treat our vulnerable witnesses and that they have confidence that the system will do it's best for them.