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Supporting vulnerable witnesses
24/02/2008
Adult vulnerable witnesses in Sheriff Court summary proceedings (that is, trials with no jury) will be able to make use of special measures - including screens, supporters, taking evidence by a commissioner and the use of a prior statement as evidence in chief - to help them give their best evidence, from April 1, 2008.
This completes the implementation of the Vulnerable Witnesses Act and means that child and adult vulnerable witnesses in all criminal cases in the High Court and Sheriff Court, children's hearings court proceedings, civil proceedings in the Court of Session and Sheriff Court including Fatal Accident Inquiries and Sheriff Court summary proceedings will now be able to benefit from these special measures.
Justice Secretary Kenny MacAskill said:
"For many children, and adult witnesses who may be particularly vulnerable for a number of reasons, our courts can be intimidating places. The thought of giving evidence in front of a court full of people may bring on unnecessary stress and anxiety.
"That's why we've implemented this important piece of legislation to ensure that children and adults who are asked to give evidence may be able to benefit from these special measures designed to give them the help they need to be an effective witness. Witnesses must be at the heart of the system, not harmed by the system.
"From now on the Vulnerable Witnesses Act is fully in force and should mean that being a witness is far less daunting and traumatic for many children and adult witnesses across Scotland."
The Vulnerable Witnesses (Scotland) Act received Royal Assent on April 14, 2004.
The Vulnerable Witnesses (Scotland) Act 2004 from April 1, 2008 will apply to adult vulnerable witnesses in Sheriff Court summary proceedings. In such cases the Act - makes provision for the use of a number of special measures to help witnesses give the best evidence they can if the witness is a child or in the case of an adult where there is a significant risk that the quality of evidence to be given by the person will be diminished by reason of mental disorder or fear or distress in connection with giving evidence at the hearing.
The special measures include the following:
- provision of a supporter to sit beside the witness as a reassuring presence
- use of a live TV link allowing the witness to give evidence from a place other than the courtroom
- use of a screen so that the witness cannot see the accused person or party to the proceedings
- taking evidence by a commissioner. This allows evidence to be taken outwith the proof or other hearing and normally without the accused person or party to the proceedings being present in the same room
- use of a prior statement as evidence in chief so that the witness does not need to repeat in court that which they have already said in a statement
The Act aims to put witnesses at the heart of the justice system by making child witnesses automatically eligible for special measures and by widening the criteria for eligibility of adult vulnerable witnesses for such measures to include those where there is a significant risk that the quality of their evidence will be diminished by reason of fear or distress in connection with giving evidence.