This item was published during the term of a previous administration that ended in April 2007
Listen
Vulnerable witnesses legislation
02/12/2003
The second stage of the Vulnerable Witnesses Bill was passed today by the Justice 2 Committee of the Scottish Parliament.
The Executive has backed an amendment put forward by Karen Whitefield, MSP, which Ministers believe will strengthen the spirit of the Bill.
The amendment is:
The accused in a trial will be prevented from conducting his own defence and cross-examining child witnesses in cases of violent assault, culpable homicide and murder, where the child is under 12 years of age.
Deputy Justice Minister Hugh Henry said:
"I understand the concern that allowing an accused to conduct his or her own defence in cases involving these particularly vulnerable child witnesses could seriously undermine the use of special measures. For instance, having an accused person's face at the end of a television screen could be particularly distressing for a young child witness.
"The Bill does provide for a discretionary ban, but I agree that the further protection of an automatic ban will offer additional reassurance to young children involved in serious cases. It will also give added reassurance to their parents or guardians."
The Executive has also supported another amendment which will streamline the process by which children have automatic entitlement to special measures available in court, such as the use of screens and live television links.
This amendment will minimise the ability of the court to intervene when special measures have been applied for - giving children a greater sense of certainty about the way they will be giving evidence.
"Streamlining the process of automatic right to special measures for child witnesses is fully in line with the spirit of the Bill and the Executive fully supports this amendment. I hope that this amendment will add an additional safeguard to ensure that child witnesses get the support they need.
"The court will still have the power to review special measures if, for whatever reason, the measures agreed do not turn out to be the most appropriate for that child witness.
"Therefore, on the basis that these amendments offer further support to child witnesses without compromising the court's overall power to act as a safeguard, I am very happy to support them."