Scottish Government

IN OTHER JURISDICTIONS
WITNESSES: REVIEW OF PROVISIONS
VULNERABLE AND INTIMIDATED

Reid Howie Associates

Scottish Executive Central Research Unit
2002

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CONTENT S

EXECUTIVE SUMMARY
SECTION 1:INTRODUCTION AND BACKGROUND
BACKGROUND
The focus of the report
A NOTE ON DEFINITION
THE BASIS OF "VULNERABILITY"
Children
Disabled people
Witnesses experiencing fear or distress
Common themes and the impact of the adversarial style
THE NEED TO ADDRESS ISSUES FOR "VULNERABLE" WITNESSES
OVERVIEW OF THE NATURE OF PROVISION
Children
Disabled people
Witnesses experiencing fear or distress
THE NATURE OF PROVISION
OVERVIEW
SECTION 2:Evidence-Giving
COMPETENCE AND OATH
The nature of provision
The application and effectiveness of the measures
Perceptions of legal personnel
The value of the test
CORROBORATION
The nature of provision
The application and effectiveness of the measures
HEARSAY
The nature of provision
The application and effectiveness of the measures
Level of admission of evidence
Staff training
Hearsay in domestic abuse cases
Other issues
INVESTIGATIVE INTERVIEWS AND VIDEOTAPED EVIDENCE
The nature of provision
The application and effectiveness of the measures
The use of experts
Level of use of videotaped evidence
The impact on witnesses
The impact on evidence and outcomes
Constraints/drawbacks
Overall benefits
SCREENS AND CLOSED CIRCUIT TELEVISION (CCTV)
The nature of provision
The application and effectiveness of the measures
Constraints
Level of use
Impact on witnesses
Impact on evidence
Impact on jurors
Effect on convictions
Overall impact
COMMUNICATION SUPPORT
The Nature of Provision
The application and effectiveness of the measures
Interpreters
Intermediaries/interlocutors
OVERVIEW
SECTION 3:COURT PROCESSES AND PRACTICE
IN-COURT PROTECTION OF PRIVACY OR IDENTITY
The nature of the provision
The application and effectiveness of the measures
The use of closure
The use of full anonymity
THE TYPES OF QUESTIONS AND THE CONDUCT OF STAFF
The nature of provision
The application and effectiveness of the measures
The use of inappropriate questions
Judicial interventions
Effects on testimony
Staff training
"RAPE SHIELD" AND RESTRICTIONS RELATING TO SEXUAL HISTORY
The nature of provision
The application and effectiveness of the measures
The admission of sexual history evidence
The use of records
COURT LAYOUT AND FACILITIES
The nature of provision
The application and effectiveness of the measures
SPECIALIST COURTS
The nature of provision
The application and effectiveness of the measures
Level of use
Effectiveness
Effect on prosecutions
KEEPING WITNESSES OUT OF COURT
The nature of provision
The application and effectiveness of the measures
Restorative Justice
OVERVIEW
Section 4:OTHER SUPPORT
WITNESS PROTECTION SCHEMES
The nature of provision
The application and effectiveness of the measures
Growth and variation in the provision of schemes
Benefits of schemes
Problems with witness protection schemes
Gaps in information
SUPPORT FROM INDIVIDUALS/ORGANISATIONS
The application and effectiveness of the measures
Perceptions of benefits
Constraints
PREPARATION FOR COURT/VICTIM-WITNESS SUPPORT
The nature of provision
The application and effectiveness of the measures
The level and nature of provision
General benefits of preparation
Effects on witnesses
Impact on prosecution/conviction
Access to provision
OVERVIEW
SECTION 5:HUMAN RIGHTS AND DUE PROCESS ISSUES
THE "FUNDAMENTAL TENSION"
Special measures as a social justice issue
RIGHTS IN THE CRIMINAL JUSTICE SYSTEM
THE EUROPEAN CONVENTION ON HUMAN RIGHTS/HUMAN RIGHTS ACT
Article 6
The overall response to challenges
Other articles
THE UNITED STATES CONSTITUTION
The 6th Amendment
The application of the 6 ^th Amendment
The 1 ^st Amendment
The 5 ^th and 14 ^th Amendments
LEGISLATION IN OTHER JURISDICTIONS
OTHER ASPECTS OF HUMAN RIGHTS
The UN Convention on the Rights of the Child
The Universal Declaration of Human Rights
Other relevant considerations
The rights of the defendant
THE APPLICATION OF THE LEGISLATION
Evidence giving
The use of hearsay
Pre-taped evidence
Screens and CCTV
The use of intermediaries
Court processes and practice
Protection of privacy/identity
The nature of questions
Rape shield/sexual history
Layout of the court
OVERVIEW
SECTION 6:CONCLUSIONS
OVERALL CONCLUSIONS
General issues
The development and implementation of measures
The effectiveness of measures
Human rights issues
THE WAY FORWARD
Improvements to measures currently available
Related improvements
OVERVIEW
SECTION 7:BIBLIOGRAPHY