VWISG/20/05
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1. As discussed at the meeting of the Steering Group on 19 January Ministers have agreed that implementation of the special measure of taking evidence on commission should be delayed until the end of October 2005 to ensure that guidance, procedures, technology and accommodation are all in place before it becomes available.
2. The postponement was announced through a Scottish Parliamentary Question on 28 February ( copy attached at Annex A). Also attached for information is a copy of the targets agreed by Ministers for the implementation of this special measure ( Annex B).
SEJD
Victims and Witnesses Unit
February 2005
ANNEX A
SCOTTISH PARLIAMENT WRITTEN ANSWER
Index Heading: Justice Department
Maureen Macmillan (Highlands and Islands) (Lab): To ask the what progress is being made towards implementation of the Vulnerable Witnesses (Scotland) Act 2004.
(S2W-14731)
Hugh Henry:
I am pleased to say that we are on track to implement the provisions of the Act in relation to child witnesses in High Court and Sheriff Court Solemn cases and Children's Hearings court procedures from 1 April 2005 with one exception.
The special measures of screens, giving evidence by live CCTV link, the use of a supporter and the use of a prior statement as evidence in chief (in criminal cases only) will come into effect for witnesses aged under 16 in respect of all cases reported to the procurator fiscal on or after 1 April 2005 which result in prosecution on indictment in the High Court or Sheriff Court, and in respect of relevant applications and appeals made on or after 1 April involving witnesses under 16 involved in Children's Hearing Court procedures.
There is one exception to the 1 April start. The introduction of the special measure of taking evidence on commission will be delayed until the end of October. The extra time will be used to ensure that this procedure is robust and will assist the child witnesses in giving their best evidence. I want to be confident that the right guidance is in place, that appropriate technology has been identified to ensure that the accused can witness the proceedings without being present, and that suitable accommodation for the taking of evidence is identified.
SCOTTISH EXECUTIVE
ANNEX B
OBJECTIVE | MILESTONES | TARGET COMPLETION DATE |
|---|
Guidance on taking evidence on commission | Complete consultation by 21 March (on course) | Publish by 9 May |
Court procedures - including rules of court, practice note etc. | Rules of court ready by end of March (on course). | Complete end March |
Standards/technical standards for sites | Complete consultation 24 February (on course) | Complete 14 March |
Protocols for use of sites | Complete consultation 7 March (on course) | Complete 21 March |
Identify, contract, complete upgrading and technical works in at least 1 site per Sheriffdom | Some sites already identified. Others to be identified by end March | Completion of contracts and works by Mid - September (allows for slippage) |
Dry run and testing of procedures and equipment | Mid -September | Mid October to allow for any adjustments. |
Training and awareness raising - generic and specialist | Practitioner road shows through February/March. Potential for more focussed training thereafter | August/September |