Scottish Government

VWTC/14/04

Victims and Witnesses Unit ( VWU) gave members an update of draft guidance produced by the sub set to date:- COPFS, Law Society and the third set of guidance received from SCRA on 17/01/05. Members agreed these would be useful to their appropriate organisations and for others to refer to.

Electronic links to all three sets of guidance would be made available in addition to bringing the three documents together to be published in hard copy.

VWU clarified the guidance would be aimed at practitioners (those working within and outwith the court) and would be made available in a similar format to the Supporting Child Witnesses guidance pack. Guidance produced on each of the special measures would form a separate piece of guidance within the pack. VWU clarified that separate guidance for child witnesses and their parents and carers would be made available at a later stage. Members felt that rather than further define degrees of 'vulnerability' more generally, given all children under the age of 16 would automatically under the Act be regarded as vulnerable and be entitled to the use of special measures, it would be more appropriate to provide examples of a range of circumstances each special measure may be most appropriate to use to help children give their best evidence.

Guidance produced should include a general introduction and must clearly indicate flexibility and provide examples of possible wide ranging circumstances where each special measure might be most appropriate. The guidance should remind practitioners to additionally consider practicalities of using the special measures.

VWU would ensure guidance on taking evidence on commission and the use of a supporter would include some example circumstances where the use of these special measures would be most appropriate.

Members discussed guidance required more generally, particularly the benefits of providing an interactive online facility along the lines of a virtual court.

Members talked about describing the special measures to children and agreed it would be helpful to provide some suggested phrases for practitioners should they need to explain what the special measures are to children.

VWU track down the Home Office virtual court facility.

Anne Houston agreed to include in the draft guidance some examples of appropriate language a practitioner can use to explain the special measures to a child.

Members discussed the use of prior statements as evidence in chief expressing a lack of understanding on the practicalities of how this will work e.g would there be rapport building? How is the evidence led? Would the child see the statement before the trial? Concerns expressed to the child witness viewing the statement in advance as this could be seen as coaching.

Members advised Lord Presidents Practice notes would not be detailed enough to provide any useful information to help develop guidance.

VWU agreed to look out any information from the Home Office guidance bearing in mind the English system is different to Scotland.

Members to consider and submit any views/thoughts to VWU on information which would help to develop this guidance.

VWU informed members that an approach had been made to Joyce Plotnikoff, Chair of the Visual Recording Pilot Group. Joyce had invited members of the sub set group to attend their next meeting on 2 February 2005 and would be able to include the use of prior statements as evidence in chief on their agenda for discussion. Members of their group had previously agreed to contribute towards the guidance produced. It should be noted that the guidance would need to cover written, audio and visual prior statements.

VWU suggested to attend the meeting on 2 February 2005, 1.30pm at SCRA Headquarters in Stirling to seek the views of the Visual Recording Pilot Group. It was suggested Lindsey Anderson could assist VWU given she is already a member of the Visual Recording Pilot.

VWTC/14/04

Members discussed the use of screens and the guidance should clearly state what screens are, types of screens available and the circumstances where screens may be most appropriate to use.

VWU would consider and draft circumstances appropriate for the use of screens.

Members to add to the draft guidance.

VWTC/14/04

Members discussed the use of live TV links. Similar to screens, this is not a new special measure and information on its use is available in various places. SCRA advised members an SCRA colleague has been undertaking some research in this area.

SCRA will discuss with research colleague and look to draft circumstances appropriate for the use of live TV links.

Members would add to draft guidance.