Scottish Government

Section

Comments/issues

Action

The identification of degree of vulnerability of child witnesses - Action point identified in meeting of 23/7/04 to be dealt with sub-set group

VSS expressed an interest in being represented on the sub-set group.

VSS to contact Anne Keenan.

Use of a Supporter

VSS requested clarification on who would pay for the supporter and Lindsay explained that this issue was being considered by COPFS and VIA

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Comments/issues

Action

Presentation by Tommy Cuthbert Skills for Justice

• Skills for justice (SFJ) are the Sector Skills Council for Scotland concerned with skills development issues in the Justice sector.
• SFJ support skills development in justice organisations and identify gaps in skills needs.
• SFJ encourages organisations to jointly develop and deliver training. For example, smaller victim support organisations working in the justice field could work together with a larger justice stakeholders to receive the relevant training which the larger organisation had developed and are delivering.
• SFJ are willing to facilitate the design of training for people working with vulnerable witnesses.

Points raised by the group re. presentation

• It was agreed that most organisations would require their own training commensurate with their role in the system but that core knowledge would be throughout and that this should form the basis of generic good practice training.
• Training on core skills would be ideal for staff who were generalists.
• Practitioners actively seek training in the witness area and would take up training as part of their continuous professional development
• Attention was drawn to existing joint training involving COPFS and Law Society

• The SFJ was invited to be represented on the sub-group.

Section

Comments/issues

Action

Live television links and use of screens

• VWTC/6/04 issued
• Thanks to COPFS and SCRA for providing existing guidance.
• The group agreed that the information in the existing guidance would be fine for re-use but additional issues should be covered such as
  • The skills and knowledge required to deal with children and other vulnerable Witnesses in this situation.
  • Good practice guide for making witnesses feel at ease.
  • What to do in the event of equipment failure (keep the witness informed etc.)
  • Dos and don'ts
  • Advice on physical movement and actions of people in court room which may effect the witness
• The group agreed that guidance should be generic for use by all (including practitioners)

• Production of this guidance to be added to the remit of the sub set of the sub-group

Section

Comments/issues

Action

Taking evidence on commission/Use of a supporter

• VWTC/7/04 issued
• The group were informed that previously set start & completion dates for production of guidance were slipping due to procurement process.
• The group were advised that a small bank of consultants had been identified for invitation to tender and that bids received would be circulated for comment prior to the awarding of the contract and should be treated as commercial in confidence.
• The group were advised that on completion of draft guidance a limited consultation exercise with relevant stake holders would take place to asses the guidance.

• The issue of cross examination whilst taking evidence on commission was raised - possible need for this issue to be highlighted to the consultant.

Victims and Witnesses Unit to consider

• The issue of vulnerable child witnesses with communication difficulties was raised - possible need for this issue to be highlighted to the consultant.

Victims and Witnesses Unit to consider

Section

Comments/issues

Action

Verbal progress report of sub-set on identifying degree of vulnerability for child witnesses and use of prior statements

• The sub-set group presented a draft of a flow chart of the system designed to enable members of the public and practitioners to easily understand the process for the new Act in a step by step way.
• The group though that it would be good idea to use the final flow chart as a preface to all guidance.
• Flow chart to be expanded so that subject boxes can be clicked on to reveal further information.
• Flow chart to be tweaked to include
• Time scales
• Issues around interpreters and other communication issues
• Links with police processes and disclosure once in existence
• It was also suggested that the pre-court visit would be an ideal time to assess a child's needs and indicated that VIA were already working on this issue.

• Pre-court preparation was agreed as an alternative term to pre-court visit

• Sub set group's minutes & electronic versions of the flow chart amongst sub group to be circulated to sub-group members.

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Comments/issues

Action

Road shows

• VWTC/8/04 issued
• Bill explained that the road shows had been split into 2 phases in reaction to concerns about a 4 hour presentation being too long.
• Dates issued for road shows were discussed and comments invited.
• Nominations for speakers were invited and interest was noted by SCRA, VSS, COPFS.

• Group to nominate speakers for road shows (with local connections where possible)

Section

Comments/issues

Action

Other training and promotional issues

• VWTC/9/04 issued
• The group discussed the fact that during the passage of the Bill, Ministers had promised that practitioners would receive proper training and ideas on how to ensure this were invited.
• It was agreed that there was a requirement for the Judiciary to come on board and noted that the Judicial Studies Committee had agreed that they could be consulted on training issues.
• The group considered how the input of a child psychologist would be beneficial to give guidance on communication styles required - once guidance has been produced.
• It was agreed that more inter-agency training would be desirable.

Brain storming - ideas from the group

• The addition of a page to existing websites with high youth usage rather than the production of another website (young scot?)
• target people who deal with young people
• 2 levels of information required, firstly general info for everyone and secondly information for people in the situation of being a witness.
• talks to schools as a continuation of the road shows
• connections with the Duke of Edinburgh Award scheme
• link with existing SE info for children on legal system
• debating competition
• link to mock courts for schools run by the Faculty of Advocates
• article in the Sunday herald youth magazine "fresh"
• TV ads
• bus ads
• leaflets
• video showing case scenarios
• social education in schools

Further ideas invited on training and promotional issues and on how training can be monitored and evaluated to ensure that it is adequate.