| CHAPTER 6: GENERAL
ISSUES |
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| Introduction |
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| 6.1 This
Chapter considers general issues concerning vulnerable
and intimidated witnesses, spanning all stages of the
criminal justice process. |
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| Statement
of national standards |
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| 6.2 The
Group was aware of the existence of the National
Standards of Witness Care in England and Wales (copy
reproduced as Annex 4). While the detail of that document
reflects the different English criminal justice system,
the Group considered that a similar statement for
Scotland, taking account of the considerable advances in
witness care which have been made in recent years and in
a similar form to the Crown Office, Procurator Fiscal
Service and Scottish Court Service "Joint Statement
on Crown Witnesses" (reproduced at Annex 2) would
serve as a stimulus to good practice and promote greater
public understanding of how witnesses are treated. The
Group considered that the Criminal Justice Forum, which
is chaired by the Secretary of State and contains
representatives from all participants in the criminal
justice process, might offer a convenient focus for the
preparation of such a document. |
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| Recommendation 18: that all those
involved in the criminal justice process be invited to
co-operate in the preparation of national standards for
the treatment of witnesses in Scotland. |
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| Public
education |
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| 6.3 The
Group noted that the Home Office consultation document
"Speaking Up for Justice" recommends that the
Home Office should consider a national publicity
campaign, including education about the criminal justice
process and the support measures available to witnesses
in England and Wales. The Group considered that such a
campaign would have benefits in Scotland also and,
because the criminal justice process in Scotland is
different from that in England and Wales, the publicity
would have greatest impact on people in Scotland if a
separate Scottish campaign were carried out at the same
time as the publicity campaign in England and Wales.
Ideally, it would be linked to the publication of the
national standards for witnesses recommended above. |
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| 6.4 One-off
publicity of that kind should be helpful in encouraging
people to act as witnesses. But the Group believed that
future opportunities should also be taken to heighten
public awareness of the important role played by
witnesses and the help which is now available to them. |
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| Recommendation 19: that The Scottish
Office considers with the Home Office separate but
simultaneous publicity campaigns, informing the public
about the support measures available to witnesses; and
should be alert to future opportunities to heighten
public awareness of the important role which witnesses
play and the support which is available to them. |
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| Research |
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| 6.5 The
Group’s work was handicapped by the fact that little
recent research had been carried out into how witnesses
view their participation in the criminal justice process,
which might help identify further improvements which
might be made in the arrangements which apply to
witnesses. |
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| Recommendation
20: that
The Scottish Office, in consultation with interested
parties, commissions research into witnesses’
perceptions of their treatment and ways in which it might
be improved. |
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| Training |
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| 6.6 The
various criminal justice organisations involved with
witnesses carry out their own training, in which
treatment of witnesses plays a part. For instance, the
Scottish Police College provides training in interview
techniques, to recently recruited police officers and to
detectives, which emphasises witness care aspects.
Organisations help each other with training: for
instance, procurators fiscal are involved in the Police
College training, and the Procurator Fiscal Service and
Victim Support Scotland help with each others’
training. The Crown Office and Scottish Court Service are
planning joint training on customer care issues. The
Group commended these arrangements and would in
particular encourage the organisations to consider
further joint training - which, if delivered
locally, would allow staff from different organisations
to consider whether the service in their locality could
be improved in an integrated way. The Group believed that
all organisations should be constantly aware of the
importance of training and that the preparation and issue
of national standards of witness cases (Recommendation
18) should be a trigger for the review of the training
arrangements which are in place. |
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| Recommendation 21: that, as part of the
preparation for the issue of national standards for
witness case, The Scottish Office seeks information from
all parties involved with witnesses in the criminal
justice process about the training given in witness care,
with a view to improvement particularly in the joint
delivery of training locally. |
