Scottish Government

VWISG/16/05

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1. Members are invited to note that the sixth meeting of the Equipment and Accommodation sub-group which was held on 24th February.
2. The sub-group can advise that SCS have assumed responsibility for identifying, authorising, upgrading and managing all remote sites (see ANNEX A attached). It is their intention to appoint a project manager to oversee this work. They will consider accommodation within their own estate in the first instance in order to ensure that accommodation is available from 1 ^st April. Those potential sites currently identified by the VWU have been passed to SCS for their consideration. The VWU field officer will continue to be available to work with the SCS project manager in the first instance.
3. In light of this development, the content and purpose of the remote site protocol has been amended. It is expected that SCS will refer to the content of the draft protocol when compiling Service Level Agreements with individual third party site providers. The sub-group will now consider the need for a multi-agency operational protocol or guide to define the various roles and responsibilities of those parties involved in remote proceedings.
4. The sub-group can also advise that:
5. 1. the final draft of the 'Notice of Standards for Remote Sites' has been out to consultation and is now an approved document. (see ANNEX B attached)
   2. The State of Readiness 2 ^nd Audit questionnaire has been distributed and responses are expected by 28 ^th February. members can expect a report for the next Steering Group meeting on 16 ^th March.
   3. Criminal Justice Research are expected to finalise the specification for the Monitoring and Evaluation of the impact of the Act. Following the tendering process, the contract for the commissioned work is expected to be agreed during April.
6. The date of the next meeting of the Equipment and Accommodation sub-group will provisionally be 24 ^th March.

SEJD
Victims and Witnesses Unit

February 2005

ANNEX A
NOTE OF MEETING ON 17 FEBRUARY 2005 BETWEEN SEJD CRIMINAL JUSTICE GROUP AND THE SCOTTISH COURT SERVICE TO DISCUSS THE PROVISION AND MANAGEMENT OF REMOTE SITES IN CONNECTION WITH IMPLEMENTATION OF THE VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Present

Eleanor Emberson, SCS
Cliff Binning, SCS
Robert Gordon, SCS

Micheline Brannan, SEJD
Paul Smart, SEJD
Bill Moore, SEJD

1. Eleanor confirmed that:in the short term

2. In the medium to longer term Eleanor proposed that:

• SCS, based on work already begun through the work of the VWU field officer, would in, conjunction with the field officer, identify further suitable remote sites outwith the SCS estate
• Having identified further sites, the SCS would manage contracts for any necessary upgrading of them in conjunction with their owners
• As part of their management function SCS would
• • procure and manage any upgrading/wiring work
  • negotiate contracts or service level agreements with site owners
  • commission the use of accommodation when required and ensure access
  • ensure the integrity of the site
  • ensure equipment is serviceable
• SCS would appoint a project manager to undertake this work and consider how sites might be managed at local level
• The sites would be dedicated for the purpose of giving evidence via a live link and SCS would pay rental costs commensurate with achieving this

3. We also agreed that

SEJD

17/02/05

ANNEX B
VULNERABLE WITNESSES (S) ACT 2004 IMPLEMENTATION STEERING GROUP
EQUIPMENT AND ACCOMMODATION SUB-GROUP

NOTICE OF STANDARDS FOR REMOTE SITES

Introduction:

1. The Vulnerable Witness (Scotland) Act 2004 is aimed at making it easier for child and adult vulnerable witnesses to give their best evidence by formalising existing special measures for giving evidence and introducing new measures and other provisions. In some circumstances this will include the provision to take the witness's evidence at a location outwith a court building. These locations are generally referred to as 'remote sites'. Applications for the use of a remote site under the Act may be made in criminal cases and in certain civil cases and are governed by statute.
2. A Vulnerable Witness is defined as someone who is " under the age of 16" or if there is a significant risk that the quality of the evidence to be given by the person will be diminished as a result of a mental disorder; or fear or distress in connection with giving evidence at the trial.
3. A child witness (all under 16s) may give evidence from a remote location using live TV link, being a location other than a court building. The child is likely to be accompanied by a supporter whilst giving evidence. The child may be accompanied by other persons during any waiting time or breaks in evidence. The child will view the 'examiner' through the TV monitor. The court (and accused or in Children's Hearing court proceedings, the parties) will view the child through court TV monitors.
4. On application, a child witness may give evidence on commission. The child is likely to be accompanied by a supporter whilst giving evidence. In criminal proceedings a number of others may also be present at the commission whilst the child gives evidence: the commissioner, lawyers for both parties (prosecution and defence if a criminal case), and a clerk. Other persons may accompany the child during waiting time and breaks in evidence. The proceedings will be video recorded and other parties may be required to view the proceedings live through a monitor, either in a court or elsewhere.
5. On application, a combination of these measures may be used reflecting the different models available for the evidence on commission measure and clarification is awaited as to any additional technical requirements this may entail.
6. It should be noted that applications may also be made to enable any vulnerable witness to give evidence via a live TV link or on commission from a site other than a court building.

7. General

8. In support of the implementation of phase 1 of the Act as it relates to special measures for child witnesses, the VWAISG recognises the need for
9. 1. non-technical standards to enable the identification and operation of remote locations for providing live TV links to courts and the taking of evidence on commission

   2. and

   3. a technical specification for equipment to be used at remote locations
10. All remote sites will be expected to comply with these standards in so far as the accommodation is used for taking evidence in criminal or civil proceedings at court. Individual agencies will be expected to refer to the standards to assist them in their consideration of potential sites and to ensure consistency of minimum requirements. The standards may also be referred to in order to satisfy all parties that a particular site has met the minimum requirements as contained in this document. Thereafter the court will be expected to refer to the standards when reviewing the continued suitability of any site. .
11. The standards aim to ensure that a remote site is sensitive to the needs and comfort of the child whilst ensuring that the accommodation and operation of equipment does not hinder the interests of justice or the witness's ability to give their best evidence.
12. Likewise the standards will ensure a commitment to providing accommodation which does not discriminate on the grounds of race, religion, disability, gender, sexual orientation or age.
13. Sites must be seen to be capable of operation without inference of undue influence or any suggestion that prejudice might be caused to any party to the proceedings or the quality of the evidence obtained .
14. Detailed specifications for accommodation and technical equipment are attached at Annexes A and B. These may require to be revised at intervals. The annexes refer to the two special measures of Live TV link and Evidence on Commission. If necessary, an additional annex will be attached to this paper to take account of any additional technical or accommodation requirements of a combination of the two measures.

15. Accommodation: see Annexes A and B for details

16. All remote accommodation must be accessible to child witnesses and their supporter/family. Sites should be within reasonable travel distances from the main centres of population across the country failing which facilities should be available whereby mobile IT units can be employed to like effect.
17. Sites must also be accessible to witnesses with different mobility needs: e.g. wheelchair use, visual impairment.
18. Sites must be, and be seen to be, secure. Sites will have standard restricted access through a reception area or staff pass system or alternatively require to be 'policed' either routinely or on request if public safety issues are likely to arise.
19. Sites must have access to toilets and a separate room to use as a waiting area during breaks in evidence and for any accompanying persons. It should be possible to have access to refreshments.
20. Sites must be available for use as and when required (other uses will require to be managed accordingly). Sites will have to be managed and maintained in accordance with the agreed interagency protocol.
21. All dedicated remote locations will be expected to meet the requisite standards as detailed in this notice and annexes in order to be accredited for purpose, bearing in mind the various civil and criminal purposes caught by the evidence on commission measure. The standards are subject to consideration of all parties involved in such proceedings including COPFS, the judiciary, SCRA and the Law Society.

SEJD
Victims and Witnesses Unit

February 2005

Annex A

Annex B
REMOTE LOCATION - COMMISSION