Scottish Government

Papers VWSL/01/05 - draft Act of Sederunt & VWSL/01A/05 - SCRA comments
(Both papers issued at meeting)

• The group were informed that the draft Act of Sederunt was almost at final draft stage although some comments had not yet been taken into account. It was agreed that the relevant sub-group members (from SCRA and SE, OSSE and JD departments) would have a separate meeting to clarify comments and update the draft paper in time for submission to the rules council.
• Concerns about expenses issues were raised by SLAB and the group were informed that proposals regarding costs, and who would meet them, had been put forward to SCS following the issue being flagged up as a matter for urgent consideration at the Equipment and Accommodations sub-group.

Papers VWSL/02/05 - draft Act of Adjournal & comments
&
VWSL/02A/05 - further draft Act of Adjournal & Judges comments

( VWSL/02A/05 issued at meeting)

• The Lord President's Private Office explained that paper VWSL/02A/05 had been drawn up as a result of a consultation with Judges.
• The group then went on to discuss the Judges comments and particularly their concerns about the use of children's charity properties as remote location sites. The group discussed the fact that the integrity of the site would be established as the remotes site, wherever it was, would be considered as an extension of the court, demonstrating the courts practice and procedures. Agreed that the lord president's office will provide the Judges with the relevant steering group papers showing identified sites. It was confirmed that the Witness Service may provide some remote sites as opposed to VSS.
• Discussions arose around the need for transcription of video-recorded evidence. The general views were that transcripts were helpful. Judges thought that the existing Memorandum by the Lord Justice-General on Child Witnesses (published on 26 July 1990) would have to be updated as it was not entirely accurate in light of the new legislation, although many of the general points made would continue to applicable. It was suggested that those parts still relevant could be translated into a new Practice Note. Expenses issues around transcriptions were raised as a cause for concern by the group, as well as the question of who would read the written transcription - Lord President's Private Office to seek the view of the Judges on this.

• Members invited to submit comments to the Lord President's Private Office directly by email by close of business on Thursday 10 February and requested to copy Victims and Witnesses unit in to any correspondence.
• Lord President's Private Office to provide the Judges with the relevant steering group papers showing identified sites.

• Lord President's Private Office to ask Judges for further information on written transcription and who would read them.

• It was reported that a further draft of the Commencement Order was expected in the course of next week. This would be circulated to members for comment.

• The group discussed the fact that the agencies involved would be required to change certain procedures and were re-assured that these issues were being addressed.
• The point was raised that it may be beneficial if a procedure was put in place to notify the clerks when a case was reported so that they would be aware about a child witness as special measures may apply even where no Child Witness Notice is lodged.

• COPFS to investigate this possibility.

• Discussions arose around what parts of the Act in relation to the first phase would be commenced and when and it was agreed that a decision would ultimately be made in early March.
• Agreed that regardless of the possibility of any provisions of the Act not being commenced on 1 April, the Act of Sederunt and Act of Adjournal would make provision for all relevant sections to be implemented from 1 April.
• The Lord President's Private Office explained that all comments received could not be reflected in the Rules of Court and that if every detail is committed to rules, flexibility is lost. Agreed that's certain aspects commented on were not suitable to be reflected in the rules for this reason and would form Court Procedure over time. In addition some aspects may be covered in practice notes.
• The Lord President's Private Office explained that further rules could be added later in the process if necessary.