Code of Practice to Facilitate the Provision of Therapeutic Support to Child Witnesses in Court Proceedings

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CODE OF PRACTICE TO FACILITATE THE PROVISION OF THERAPEUTIC SUPPORT TO CHILD WITNESSES IN COURT PROCEEDINGS

WIDER PROGRAMME OF WORK ON CHILD WITNESSES

The guidance set out in this document is part of a wider programme of work on victims, witnesses and the modernisation of the justice system. This chart sets out the wider programme and how it contributes to our aims and objectives for vulnerable and child witnesses.

Our Aim

To increase support and improve standards of treatment of vulnerable witnesses to help them participate in the legal process and give their best evidence.

The Executive is committed to:

  • securing a criminal justice system that fully supports victims and witnesses
  • reforming the courts and the legal system to deal with cases more efficiently.

It is widely accepted that children under 16 and other vulnerable witnesses find the current legal process intimidating and distressing.

The Executive:

  • has achieved Royal Assent for the Vulnerable Witnesses (Scotland) Act 2004 to enable better protection and assistance to be given to vulnerable witnesses, particularly children - it is also intended that this new Act will help to support the development of a culture within the justice system which enables children and other vulnerable witnesses to participate fully
  • has achieved Royal Assent for the Criminal Procedure (Amendment) (Scotland) Act 2004 to reform the operation of the High Court in Scotland which will be of benefit to vulnerable witnesses
  • has implemented the Scottish Strategy for Victims, including establishing a Witness Service in Sheriff and High Courts and a Victim Information and Advice Service within the Crown Office and Procurator Fiscal Service
  • co-ordinates the Child Witness Support Implementation Group to oversee the implementation of the recommendations of the Lord Advocate's Working Group on Child Witness Support.

Objectives

With regard to Vulnerable and Child Witnesses, these 4 key areas of work have commonly agreed objectives to:

  • Improve information and support systems
  • Improve case management and introduce greater certainty of time scales in sensitive cases
  • Improve and increase the availability of special measures
  • Improve the gathering and taking of evidence

Child Witnesses

For child witnesses, this includes:

Information and Support Systems

Case management

Special measures

Gathering evidence

Publication and distribution of information for child witnesses and parents or carers CW

Consistent inter-agency operational support of young witnesses CW

Automatic entitlement to special measures VV

Improve conduct of interviews and precognition with young witnesses CW

Victim Support services, 31 local services, overseen by Victim Support Scotland that provide support to victims of crime SSV

More thorough case preparation HCR

Supporter as a statutory special measure VV

Greater use of prior statements as main evidence VV

Witness Service. Delivered by Victim Support Scotland, it provides information and practical and emotional support to all witnesses in the Sheriff and High Court cases SSV

Active case management by the judge including mandatory preliminary hearings HCR

Availability of special measures for witnesses in civil proceedings VV

Reduce stress of young witnesses in relation to identification of accused CW

Victim Information and Advice SSV

Consideration of special measures and case management by the Judiciary CW

Streamlined notification procedure for special measures well in advance of trial VV

Dock identification unnecessary where witnesses have previously identified accused VV

Publication and dissemination of leaflets and launch of website. www.scottishvictimsofcrime.co.ukSSV

Good practice guidance for judges and sheriffs and revision of the Lord Justice General's Memorandum on the treatment of Child Witnesses by the Courts, 1990 CW

Children under 12 in criminal cases about sexual or violent matters to give evidence without having to come to court VV

Abolition of competence test VV

Clarify roles of those making decisions relating to therapy before court proceedings CW

Facilitate the prioritisation of cases with young witnesses CW

Improve standards of questioning children in court CW

Improve conduct of court familiarisation visits CW

Modernised time limits to avoid unnecessary adjournments HCR

Restrictions on use of evidence relating to a witness's character and sexual behaviour in children's hearing court proceedings VV

Refurbishment of court premises SSV

Greater certainty of trials including fixed diets HCR

Discretionary power in non-sexual offence cases to prevent accused conducting his own defence VV

Information on Vital Voices and the Vulnerable Witnesses (Scotland) Act 2004 is on website www.scotland.gov.uk/vitalvoicesVV

Information about young witnesses to inform decision making in the legal process CW

Questioning victims of sexual offences in court SSV

Establish inter-agency mechanisms for collection and publication of statistics on young witnesses and court proceedings CW

Use of expert evidence to provide information about behaviour of a witness VV

CW = Child Witness Support Implementation Group
VV = Vital Voices (Vulnerable Witnesses (Scotland) Act 2004)
SSV = Scottish Strategy for Victims
HCR = Lord Bonomy's Reform of the High Court - now the Criminal Procedure (Amendment) (Scotland) Act 2004

Relates to this publication

Page updated: Monday, April 03, 2006