Towards a Just Conclusion

Contents

Chapter 1 Introduction
Chapter 2 The Context
Chapter 3 Definitions
Chapter 4 Before the Trial
Chapter 5 The Trial
Chapter 6 General Issues
Chapter 7 Witnesses in Civil Cases
Chapter 8 Costs
Chapter 9 Summary of Recommendations
Bibliography

Annex 1 "Reporting a Crime - A Guide for Victims and Witnesses"
Annex 2 Crown Office, Procurator Fiscal Service and Scottish Court Service Joint Statement on Crown Witnesses
Annex 3 Lord Justice General's Memorandum on Child Witnesses
Annex 4 National Standards of Witness Care in England and Wales

The Annexes are not available in electronic format but printed copies of the whole document can be obtained from:

Fraser Dryburgh
The Scottish Office Home Department
Saughton House
Broomhouse Drive
EDINBURGH EH11 3XD

e-mail fraser.dryburgh@SO082.scotoff.gov.uk

Stair, the seventeenth century lawyer whose work is the foundation of modern Scots law, said of witnesses:-

"In all controversies witnesses are adhibited to determine, as a common rule amongst all nations; which is confirmed by the word of GOD,

'in the mouth of two or three witnesses let every word be established:'

where, by every word, it is understood every alegance to be proved for it is not meant that words should only be proved by witnesses, but that things should be so proved, being proponed by words written or spoken, if a just conclusion be thence inferred. But words of thoughts cannot be proved by witnesses unless they be by words or other sufficient signs."

Stair, JD (1st Viscount Stair) Institutions of the Law of Scotland Title XLIII (1681)


TOWARDS A JUST CONCLUSION

VULNERABLE AND INTIMIDATED WITNESSES IN SCOTTISH CRIMINAL AND CIVIL CASES
		Publisher The Scottsih Office