Towards a Just Conclusion

CHAPTER 9: SUMMARY OF RECOMMENDATIONS

Recommendation 1: that The Scottish Office’s Victim Steering Group be invited to review the "Reporting a Crime" leaflet periodically to ensure that it is still up-to-date; that the Association of Chief Police Officers in Scotland be invited to verify that the leaflet is in fact being distributed as intended; and that research be carried out into its effectiveness.

Recommendation 2: that the Crown Office and the Scottish Court Service commission research into the effectiveness of the Joint Statement on Crown Witnesses and local codes of practice, seeking the views of witnesses, with a view to informing good practice and identifying areas where improvements can be made.

Recommendation 3: that the Association of Chief Police Officers in Scotland be invited to draw up and disseminate to police forces, and make publicly available, best practice guidelines on treatment of vulnerable and intimidated witnesses.

Recommendation 4: that, subject to the availability of resources, the pilot Witness Support Projects which have operated at three sheriff courts be extended to as many sheriff courts as practicable, retaining the volunteer element.

Recommendation 5: that the Law Society of Scotland be invited, in the interests of minimising trauma for child witnesses and without prejudicing the ability of the defence to prepare its case, to draw up guidance for its members on the interviewing of children.

Recommendation 6: that the findings of the Working Group on Child Witness Support be used to inform improvements in support for child witnesses, once its work is complete.

Recommendation 7: that The Scottish Office be invited to verify that its "Appropriate Adult Schemes" code of practice is being applied by the relevant agencies and that the Law Society of Scotland be invited to take account of the code of practice in good practice guidance on the treatment of vulnerable adults by defence solicitors.

Recommendation 8: that the Association of Chief Police Officers in Scotland and the Crown Office be invited to put in place standard mechanisms for identifying vulnerable adults and for ensuring that information available to procurators fiscal is consistent and sufficient to enable early assessment to be made of the appropriateness of alternative methods of giving evidence.

Recommendation 9: that the Association of Chief Police Officers in Scotland be invited, in consultation with the Crown Office, to devise and apply a list of prompts to guide police officers in identifying, at the earliest practicable stage, a witness who may be intimidated and draw up arrangements to inform procurators fiscal about the level and nature of intimidation and any protective measures in place.

Recommendation 10: that the Association of Chief Police Officers in Scotland and the Crown Office be invited to ensure that:- procedures are in place to inform affected witnesses of releases on bail and in particular of relevant conditions imposed; police officers are fully aware of their powers to arrest an accused for breach of bail conditions, under Section 28 of the Criminal Procedure (Scotland) Act 1995 and of the importance of reporting to the procurator fiscal information that may allow him to act under Section 31 of the Act.

Recommendation 11: that The Scottish Office and the Association of Chief Police Officers in Scotland consider, in the light of the results of the Strathclyde Police witness protection pilot project and the availability of resources, whether augmented support for intimidated witnesses is warranted more widely in Scotland.

Recommendation 12: that the Association of Chief Police Officers in Scotland, in association with the Crown Office and consulting where appropriate the Scottish Court Service, be invited to:- identify a range of measures that might provide additional protection to particular classes of intimidated witnesses cited to give evidence in court; ensure effective liaison at local level, to provide support to intimidated witnesses in individual cases.

Recommendation 13: that, with the aim of enhancing the scope for vulnerable and intimidated witnesses to give evidence other than in person:- the Crown Office conduct a review of the use made by prosecutors of the hearsay evidence and prior statement provisions in Sections 259 and 260 of the Criminal Procedure (Scotland) Act 1995, with a view to determining whether there is scope for wider use in relation to particular categories of vulnerable or intimidated witnesses; the Criminal Court Rules Council be invited to consider preparation of rules about how the statutory provisions for vulnerable persons giving evidence on commission should operate in practice

Recommendation 14: that appropriate opportunities be taken to emphasise to witnesses that cross-examination does not necessarily imply that they are untruthful, and to emphasise the court’s role in preventing inappropriate or intimidating cross-examination.

Recommendation 15: that The Scottish Office commissions research at an appropriate time, to observe whether the alternative means of evidence now available for vulnerable adults are effective in allowing these witnesses to give testimony with minimum distress.

Recommendation 16: that, to reduce the risk of intimidation on the day of the trial:- the law of evidence be changed to allow the court to exclude the public (and if necessary the media) from the court room in cases where witnesses face serious and specific intimidation - but not in other cases, since "justice should be seen to be done"; the law of evidence be changed to allow such intimidated witnesses to give evidence by alternative means currently available for child and vulnerable adult witnesses; the Association of Chief Police Officers in Scotland be encouraged to arrange for any police witnesses, who need to be in court to give evidence, to use the prosecution waiting rooms to reduce the likelihood that witnesses feel intimidated.

Recommendation 17: that The Scottish Office commissions research into the ways in which victims of sexual crimes give evidence in court, in order to identify any shortcomings in the present arrangements.

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.

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.

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.

Recommendation 21: that, as part of the preparation for the issue of national standards for witness care, The Scottish Office seeks information from all parties involved with witnesses in the criminal justice process about the training given to witness care, with a view to improvement particularly in the joint delivery of training locally.

Recommendation 22: that no substantive change be made in the law about the care and support of witnesses in civil cases but that all those concerned, particularly the legal professions, be reminded of their responsibilities particularly for vulnerable witnesses and those who may be suffering from intimidation.

Recommendation 23: that those responsible for the support and care of vulnerable or intimidated adult witnesses in civil cases consider the use of special procedures for delivery of evidence such as CCTV and the taking of evidence on commission.

Recommendation 24: that all those involved in civil cases (particularly concerning anti-social behaviour) where intimidation might be attempted, have regard to alternative types of evidence (particularly hearsay and written evidence) which may avoid the need for witness to attend court.

Recommendation 25: that legal practitioners seek ways of minimising the exposure of witnesses in civil cases to possible intimidation through the use of other legal remedies such as interdict.

Recommendation 26: that all those concerned in the civil process be conscious of the duties not only of practitioners but also of the courts with regard to the protection of witnesses from insulting, annoying, vexatious or oppressive cross-examination and should seek to minimise the extent to which witnesses are subjected to this treatment.