Towards a Just Conclusion

CHAPTER 1: INTRODUCTION

1.1 This consultative document describes the help given to vulnerable and intimidated witnesses in Scotland and proposes what more might be done.

Background

1.2 The Labour Party’s Scottish Manifesto for the 1997 General Election promised to: -

"ensure protection for victims in rape and serious offence trials and for those subject to intimidation."

1.3 This commitment arose from concerns that many victims of crime, and other witnesses, find the criminal justice process daunting and stressful. That applies particularly to people who are vulnerable because of personal circumstances, including their relationship to the accused or because of the nature of certain serious crimes, such as rape. Others fear intimidation, which may deter them from reporting offences or make them reluctant to co-operate in investigations or to give evidence in court. Quite apart from the stress on witnesses themselves, these factors make it more difficult to bring cases to a just conclusion.

1.4 Accordingly, in the Summer of 1997 a Working Group (referred to in this paper as "the Group") was set up to undertake a wide-ranging review of the way in which witnesses in need of special measures are supported, formally and informally, throughout the investigation of crimes and any subsequent prosecution - in the context of Scottish law, procedure and practice. The Group comprised representatives of: -

The Scottish Office Crown Office Scottish Courts Administration Scottish Court Service Association of Chief Police Officers in Scotland Victim Support Scotland.

1.5 The work of the Group paralleled that of an Inter-Departmental Working Group set up by the Home Secretary which examined the problem in England and Wales. Its consultative document "Speaking Up for Justice" was published by the Home Office in June 1998. Two members of the Scottish Group were also members of the Home Office Inter-Departmental Working Group to provide a link between the two Groups and a channel for the exchange of information and ideas.

Remit

1.6 The remit of the Group was:-

"Having regard to the interests of justice, the importance of preventing and detecting crime, the needs of witnesses and cost effectiveness:

to identify measures at all stages of the criminal justice process which will improve the treatment of vulnerable witnesses, including those likely to be subject to intimidation; to encourage such witnesses to give evidence of crime and to enable them to give best evidence in court; to consider which witnesses should be classified as vulnerable; to identify effective procedures for applying appropriate measures in individual cases; to consider what issues might arise in relation to witnesses in civil procedure; and to make costed recommendations."

1.7 The Group pursued that remit against the background of the present treatment of witnesses in Scotland, rather than against the yardstick of "Speaking Up for Justice", since provision for vulnerable and intimidated witnesses is different from England and Wales.

Content of this Paper

1.10 Chapter 2 sets the role of the witness in the context of the Scottish criminal justice process. In view of the importance of the definition of "vulnerable" and "intimidated" for the purpose of this paper, Chapter 3 is devoted to a discussion of these terms. The Group considered the support available to witnesses at two stages of the criminal justice process: Chapter 4 deals with the period before the trial, and Chapter 5 with the trial itself. Chapter 6 looks at the issues for the criminal justice process as a whole and Chapter 7 considers the role of the witness in civil cases. Chapter 8 considers the financial implications. Chapter 9 contains a summary of the Group’s recommendations.

Conclusion

1.11 The Group’s broad conclusions are:-

effective civil and criminal justice depends on people being prepared to give evidence; all witnesses inevitably find the experience stressful - but for some who are particularly vulnerable or intimidated, the stress can prevent them from giving evidence at all, or can affect the quality of their evidence; without prejudicing the rights of the accused person, witnesses (especially those who may be vulnerable or intimidated) should be adequately supported and protected before and after giving evidence, and should be well-treated in court; a great deal has been done during the 1990s to improve arrangements for such witnesses, before and during the trial; while the impact of these improvements is evident, many witnesses still feel vulnerable or intimidated; there is scope for further improvements, particularly by developing and spreading best practice throughout Scotland and by applying the results of recent research.

Consultation

1.12 To obtain the views of individuals and interest groups with knowledge, experience and expertise relevant to its work, the Group has prepared this consultation paper. Comments would be welcomed on the Group’s conclusions, on the recommendations summarised in Chapter 9 and on any other ways of improving the treatment of vulnerable or intimidated witnesses.

1.11 Any comments should be sent by 5 February 1999 to:-

Alison Ross

The Scottish Office Home Department

Saughton House

Broomhouse Drive

EDINBURGH EH11 3XD

or by e-mail to alison.ross@SO082.scotoff.gov.uk.

1.12 In order to help inform debate on the treatment of vulnerable and intimidated witnesses, The Scottish Office intends to following its normal practice of making available to the public, on request, copies of the responses to this consultative document - and will assume that responses can be made available in this way. If a respondent indicates that all, or part, of the reply should be excluded from the arrangement, its confidentiality will be strictly respected.