Scottish Government

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Draft guidance on identification of degree of vulnerability for use by practitioners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 March 05 under consideration. Signing date agreed as 18 March 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. Wider comment sought 7 March 05. Responses not later than 29 March

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

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.

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.

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

6.
Saving provision

Enact as appropriate

To come into operation 01 April 2005

Subordinate legislation sub-group

None

None

None required

Advised saving provision in Commencement Order not necessary but will be made clear in explanatory note what Order covers

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

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

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

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.

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

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

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

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

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

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. Comments sent to professor Bull March 05. Further draft expected by 14 March 05

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 issued for wider comment on 7 March . responses not later than 29 March 05 (See 1 "Non -special measures) .

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 issued for wider commenton 7 March. Responses not later than 29 March 05 (see 1 Non-Special Measures)

Considered at VWEA sub-group meeting on 13 December 04. SCS to investigate further.

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. Further draft expected 14 March 05

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 issued for wider comments 7 March. Responses not later than 29 march 05

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) 3d draft of Act of Adjournal issued 7 February 05. Comments under consideration by LPPO.

(b) Draft Act of Sederunt considered by Sheriff Court Rules Council on 11 February 05. Almost finalised.

(c) Further draft Commencement Order Issued 8 March for consideration by Subordinate Legislation sub-group. Signing date fixed for 18 March

2.
Establish Sub-Groups

Sub-Groups required on:

1. Subordinate legislation
2. Training, Communications, Promotion and Guidance
3. Equipment and Accommodation
4. Vulnerable Witness Service Pilots

To be established by mid July 2004

SEJD and VWISG

None

None

None Required

Subordinate Legislation sub-group held 6th meeting on 4 March 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 6th meeting on 24 February 05

Vulnerable witness Service Pilots sub-group held its 3d meeting on 9 February 05

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.

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.

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 (But see Guidance risk assessment)

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. Questionnaire issued to sub-group members re national training strategy. Results under consideration Further RAG questionnaire including training questions issued February 05 and responses being analysed. Information leaflet for practitioners complete and being printed

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).

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. Specification to be agreed by VWISG and Equipment and Accommodation sub-group members March 05

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 - 2 ^nd edition expected end March/early April 05