TASK | WHAT TO BE DONE | TARGETS | WHO | CONSTRAINTS | FINANCIAL IMPLICATIONS | POSSIBLE ALTERNATIVE APPROACH | PROGRESS FROM 19/01/05 |
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1.
Child Witnesses - child witness notices; orders re special measures etc. | Enact Draft guidance on identification of degree of vulnerability for use by practitioners | To come into operation 01 April 2005
Guidance to be finalised by February 2005
(but see Guidance Risk Assessment) | Subordinate legislation sub-group
Training sub-group | Bonomy crossover
Concern over legal aid costs; legal aid interaction with Bonomy reforms ( e.g. counsel's fees) | Additional defence costs ( e.g. considering/preparing child witness notice) | None required | Further draft of Act of Adjournal provided by the Lord President's Office February 05 and under consideration. Further draft of Commencement Order produced by OSSE February 05 under consideration. Further draft of Act of Sederunt completed for consideration of Sheriff Court Rules Council February 05.
Sub-set of Training and Communications sub-group continuing work to refine guidance on special measures for use by the SCRA, Law Society and COPFS practitioners.Work on producing guidance for wider consumption on special measures in hand. |
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2.
Child witnesses under the age of 12 - no order to attend court | Enact | To come into operation 01 April 2005 | Subordinate legislation sub-group | Bonomy crossover.
Concern over legal aid costs; legal aid interaction with Bonomy reforms. | Additional defence costs? | None required | See 1 above |
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3.
Review of arrangements for vulnerable witnesses to include use of special measures; add to or substitute special measure; | Enact in respect of child witnesses | To come into operation 01 April 2005 | Subordinate legislation sub-group | Bonomy crossover.
Concern over legal aid costs; legal aid interaction with Bonomy reforms. | Additional defence costs in connection with special measures. | None required | See 1 above. Not thought necessary by Subordinate legislation sub-group to include provision for this in Act of Adjournal. |
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4.
Vulnerable witnesses: supplementary provision - have regard to best interest of witness and take account of views | Enact in respect of child witnesses | To come into operation 01 April 2005 | Subordinate legislation sub-group | None | None | None required | See 1 above. Subordinate Legislation sub-group considered this was more appropriate for guidance. |
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5.
The accused - as a vulnerable witness | Enact where the accused is a child | To come into operation 01 April 2005 | Subordinate legislation sub-group | Concern over legal aid costs | Additional defence costs | None required | See 1 above |
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6.
Saving provision | Enact as appropriate | To come into operation 01 April 2005 | Subordinate legislation sub-group | None | None | None required | See 1 above to be partly implemented through Commencement Order |
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7.
Evidence of identification prior to trial | Enact in relation to all witnesses | To come in to operation 01 April 2005 | Subordinate legislation sub-group | Mild concerns about possible increase in ID parades
Should diminish as VIPER is rolled out | Possible increased costs for police.
Possible additional work and costs for defence | None required | Stand alone section to be enacted in respect of all witnesses in relation to criminal and civil cases |
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8.
Evidence of vulnerable witnesses at proofs in relation to victim statements | Enact in relation to all witnesses | To come into operation 01 April 2005 | Subordinate legislation sub-group | None | None | None required | Stand alone section to be enacted in respect of all witnesses in relation to criminal and civil cases |
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9.
Abolition of Competency Test | Enact in relation to all witnesses | To come in to operation 01 April 2005 | Subordinate legislation sub-group | None | None | None required | Stand alone section to be enacted in respect of all witnesses in relation to criminal and civil cases |
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10.
Use of Expert Evidence by the Crown | Enact. Draft guidance for use of PFs, Das | To come in to operation 01 April 2005 Guidance finalised by February 2005 | Subordinate legislation sub-group.
COPFS | None | Possible increased costs for COPFS
Increase in legal aid costs through expert evidence for the defence | None required | Stand alone section to be enacted in respect of all witnesses in relation to criminal and civil cases.
COPFS to produce own guidance and to keep Training sub-group informed. Decisions to be made about wider consultation and dissemination. |
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11.
Prohibition on personal conduct of defence in certain cases involving child witnesses under the age of 12 | Enact | To come in to operation 01 April 2005 | Subordinate legislation sub-group | Concerns over legal aid costs. Bonomy crossover | SLAB to consider | None required | See 1 above |
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12.
Prohibition of personal conduct of defence in other cases involving vulnerable witnesses | Enact in relation to child witnesses aged between 12 and 16 | To come into operation 01 April 2005 | Subordinate legislation sub-group | Concerns over legal aid costs.
Bonomy crossover | SLAB to consider | None required | See 1 above |
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13.
Special pre-trial procedures for ascertaining whether accused has engaged a solicitor | Enact | To come into operation 01 April 2005 | Subordinate legislation sub-group | Concerns over legal aid costs | SLAB to consider | None required | See 1 above |
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14.
Prohibition on accused to personally precognosce | Enact | To come in to operation 01 April 2005 | Subordinate legislation sub-group | Concerns over legal aid costs. Bonomy crossover | SLAB to consider | None required | see 1 above |
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15.
Children's Hearings court procedures | Enact.
Possible guidance for use of PFs, Defence | To come in to operation 01 April 2005.
Guidance to be finalised by February 05 | Subordinate legislation sub-group
SCRA, SEJD | Concerns over legal aid costs.
CoSLA issues in respect of safeguarder costs | Additional legal aid costs for all parties in receipt of legal aid (children and relevant persons).
Additional costs for safeguarders and curators | None Required | Act of Sederunt and draft Commencement Order (see 1 above) SCRA to produce guidance and keep Training sub-group and Subordinate legislation sub-group informed of decisions |
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TASKS | WHAT TO BE DONE | TARGETS | WHO | CONSTRAINTS | FINANCIAL IMPLICATIONS | POSSIBLE ALTERNATIVE APPROACH | PROGRESS FROM 19/01/05 |
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1.
Taking Evidence on Commission | 1. Enact
2. Assessment of availability of equipment & accommodation to be carried out by Field Officer in close collaboration with local SCS officers.
3. Standards and specification for accommodation and technical requirements.
4. Scoping study on numbers of Vulnerable Witnesses and Victims passing through justice system
5. Production of guidance | Implementation delay until 31 October 05 agreed by Ministers
Standards and specification need to be finalised by March 05.
Completion of initial assessment end November 2004 Production of draft guidance to be finalised by May 2005. | 1. Subordinate legislation sub-group.
2. Field Officer in collaboration with Equipment and Accommodation Sub Group
3. Equipment and Accommodation Sub Group
4. Scoping study - Scottish Executive Analytical Services Division.
5. Guidance - Consultant and Training sub-group | Possible lack of suitable procedures, equipment & accommodation for taking evidence on commission.
Tight timescale for commissioning and finalising standards and specification.
Lack of existing guidance may mean that taking of evidence on commission requires piloting with new protocols. | Cost of funding equipment and accommodation. Possible increased costs for social work staff.
Additional legal aid costs
Costs of all aspects of commissioning evidence including remuneration of commissioner (if not trial judge), travel to remote locations, access to copies of video/transcribed evidence, shorthand writer (?), attendance of Crown and defence, provision of any extra equipment, remote transmission of proceedings to accused, etc. | Delay to implementation date agreed. | 1. See 1 (Non-Special Measures) to be included in Act of Adjournal and Act of Sederunt as if being universally implemented from April 2005 but agreement now on implementation from 31 October 05.
2. Victims and Witnesses Field Officer appointed 18 October 04 to assess availability of equipment and accommodation and general state of readiness to implement the Act. 2 nd audit underway at February 05.
3. Accommodation and Equipment standards completed February 05.
4. Scoping Study - final report now received. Summary of findings to be issued March 05. May require separate approach in respect of vulnerable witnesses
5 Contract let to Leicester University (Professors Bull and Davies). Second drafts delivered February 05 and under consideration by Project Steering Group. |
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2.
Use of Live Television Link | Enact.
Guidance | Live links within courts/between courts 1 April 2005.
Technical standards and specification for remote locations need to be finalised by March 05
Guidance for practitioners to be finalised by February 2005.
(but see Guidance Risk Assessment) | Subordinate Legislation Sub-Group.
Equipment and Accommodation Sub Group | Lack of suitable equipment & accommodation out-with court setting. | Cost of providing Equipment & accommodation. Possible increased costs for social work staff.
Additional legal aid costs of setting up link for defence witnesses?
Possible additional defence costs arising from location of witnesses.
Possible increased costs for VSS. | Implement for courts 01 April 2005.
Agreed by Ministers use of court premises as interim measure until other remote premises identified and equipped. | See 1 (Non-Special Measures)
See also 1(Special Measures)
Accommodation and Technical standards completed February 05
Draft of guidance now available (See 1 "Non -special measures) . |
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3.
Use of screens | Enact.
Guidance | To come in to operation 01 April 2005.
Guidance required for practitioners to be finalised by February 2005. (but see Guidance Risk Assessment) | Subordinate legislation sub-group.
Training sub-group | Mild concern about possible increase in ID Parades should diminish as VIPER is rolled out.
Evidence of concern about ease of access to and quality of screens emerging through first audit. SCS to follow up. | Possible increase in costs for police.
Possible increased costs for VSS. | None Required | (See 1 Non-Special Measures).
Draft of guidance now available (see 1 Non-Special Measures)
Considered at VWEA sub-group meeting on 13 December 04. SCS to investigate further. |
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4.
Use of a supporter | Enact.
Guidance | To come in to operation 01 April 2005.
Guidance for practitioners & support groups to be finalised May 05 (but see Guidance Risk Assessment). | Subordinate legislation Sub-group.
Consultant and Training sub-group | Full consultation procedure may delay issue of guidance but need not delay enactment. | Possible increased costs for VSS.
Additional legal aid costs in respect of defence witnesses. | None required | See 1 (Non-Special Measures)
Second draft delivered February 05 under consideration by Project Steering Group. |
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5.
Giving Evidence in form of prior Statement | Enact
Guidance | To come in to operation 01 April 2005.
Guidance for practitioners to be finalised February 2005 (but see Guidance Risk Assessment). | Subordinate Legislation Sub-group.
Training sub-group and Visual Recording Pilot National Steering Group. | Visual Recording not required by statute. Introduction of visual recording may be delayed see (Taking Evidence on Commission)
But this need not delay enactment of provision | See (Taking Evidence on Commission)
Possible additional defence precognition costs. | None required | Agreement with Visual Recording Pilots National Steering Group to assist in production of draft guidance on visual recording of prior statements by children.
Draft Guidance with Training and Communications sub-group for consideration at February 05 |
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TASKS | WHAT TO BE DONE | TARGETS | WHO | CONSTRAINTS | FINANCIAL IMPLICATIONS | POSSIBLE ALTERNATIVE APPROACH | PROGRESS FROM 19/01/05 |
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1.
Subordinate Legislation | Draft
a) request for Act of Adjournal
(b) request for Act of Sederunt. (c) Instructions for Commencement Order No 1. | To be completed by October 2004.
To be considered by Sheriff Court Rules Council - September 2004
To be completed by January 2005. | Subordinate legislation sub-group | Content dependent on what can feasibly be implemented by April 2005
Bonomy crossover | None | Delay in implementation of taking evidence on commission until 31 October 05 agreed by Ministers | (a) 2 nd draft of Act of Adjournal currently under consideration at February 05.
(b) Draft Act of Sederunt under consideration by Sheriff Court Rules Council at February 05.
(c) Further draft Commencement OrderUnder consideration by the Subordinate Legislation sub-group at February 05. |
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2.
Establish Sub-Groups | Sub-Groups required on:
Subordinate legislation
Training, Communications, Promotion and Guidance
Equipment and Accommodation
Vulnerable Witness Service Pilots | To be established by mid July 2004 | SEJD and VWISG | None | None | None Required | Subordinate Legislation sub-group held 5th meeting on 3 February 05
Training sub-group held 5th meeting on 11 February 05. Project Steering Group for guidance on taking evidence on commission and the use of a supporter held 2 nd meeting 14 January 05
Equipment and Accommodation sub-group held its 5 th meeting on 27 January 05.
Vulnerable witness Service Pilots sub-group held its 3d meeting on 9 February 05 |
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3.
List of wider consultees to be established and Ministers informed. | Consider consultees from who can influence change | List to be established by September 2004 | SEJD, VWISG and Minister | None | None | None required | List agreed at VWISG at meeting on 30 June 04. |
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4.
CP(A) Act and VW Act joint launch event and Roadshows | Speakers, backdrop, programme to be arranged
For Roadshows: venues and dates to be finalised, speeches, chair and format to be finalised | Arrangements for launch to be finalised mid September 2004 - launch date October 2004.
Roadshows to be held in 2 parts - November/ December 2004 and early 2005 | SEJD, High Court Reform Training and Communications Planning Group and VWISG Training sub-group | None | Costs to be borne by SEJD | None Required | 4 October launch held at Carlton Hotel Edinburgh. "Update" commissioned to organise road shows. Vulnerable Witnesses Act road shows now running during February and March 05. |
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5.
V W Act Awareness-Raising and Promotion, Guidance, Advice and Training | To consider requirements by way of awareness-raising, promotion, training and guidance. | Awareness raising and promotion programme to be established by November 2004 for rolling out during 2004/05 and 2005/06.
Guidance to be completed by February 2005 | SEJD, VWSIG Training sub-Group consultants | None | Costs to be borne by SEJD | None required. | See progress to date on guidance.
Bilateral meetings being arranged with sub-group members to progress this. RAG questionnaire including training questions issued November 04 and responses subsequently analysed 1 st draft of information leaflet for practitioners ready for comment of VWISG and Training and Communications sub-group |
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6.
Establish V W Service Pilot | Set parameters.
Arrange secondments of VW Officers.
Decide on location of pilots.
Arrange accommodation and equipment.
Set up simultaneous monitoring and evaluation. | Pilots and associated arrangements to be in place by April 2005 | SEJD, VWISG
Vulnerable Witness Service Pilots sub-group | None | Costs to be borne by SEJD | None required | . Sub-group established to take this forward has met three times. Remit and aims agreed. Job description for Vulnerable Witness Officers agreed and application format being finalised. Recruitment of officers by Feb/ March 05 (but see update paper). |
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7.
Establish Monitoring and Evaluation system for VW Act provisions | Draft specification for consultants.
Evaluation and Monitoring to be loosely based on CP (A) Act.
Model. Specification to be subject to Ministers' approval | System to be in place and approved by Ministers by March 2005. | SEJD, VWISG to agree specification for commissioning m&e framework. | Will depend on agreement on what can be implemented in Phase 1. | Costs to be borne by SEJD | None required | Project manager for monitoring and evaluation project appointed by SEJD Social Research Unit at February 05. |
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8.
Establishment of provision in the SE Website to enable wider comment. | Re-vamp SE "Vital Voices" web page to include provision on Vulnerable Witnesses Act | ASAP | SEJD | None | None | None Required | Vital Voices web pages redesigned to include provision on Vulnerable Witnesses Act and now up and running.
This includes VWISG membership list, papers and minutes of meetings of main group and sub-groups and mailbox.
A Victims and Witnesses Unit e-Newsletter on Vital Voices website live from15 December 04 |
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