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1. Welcome and introductions
Bill Moore, SEJD Victims and Witnesses Unit (Chair)
Lindsey Anderson, COPFS
Clare Collin, SEJD Victims and Witnesses Unit
Susan Conroy, Lord President's Private Office
Robert Gordon, SCS
Tom Higgins, SCS
John St Clair, SEOSSE
Paul Smart, SEJD Victims and Witnesses Unit
Apologies
Helena Janssen, SEOSSE
Glynis McKeand, SEJD
Frances Roberts, SCRA
Philip Shearer, SLAB
2. Minutes of meeting held on 3 February 2005
Agreed.
3. Matters Arising
a. The Victims and Witnesses Unit sought clarification on the meaning of the term 'special cause.' OSSE advised 'special cause' relates to possible special circumstances where the accused might be allowed in the same room as the vulnerable witness e.g. a child witness involved in a sexual offence case may wish to have their accused parent in the same room.
b. The Lord President's Private Office explained as a result of consultation with Judges they would be agreeable to the use of the Scottish Children's Reporter Administration building as a possible remote site as long as security standards are in place.
c. The Judges also expressed their views on the reading of prior statements that as long as both parties agreed, the clerk of court could read these out. The Judges felt that the person presenting the evidence should lead and this should be done in front of the witness to check they agree with the accuracy of the statement. A discussion followed about whether this would be the most appropriate person to do so.
COPFS agreed to seek the views of the clerk of courts.
d. The group discussed the use of a mix of special measures and the recording of evidence twice i.e. use of prior statement and a live television link. The stenographer's written notes would be recorded as court evidence. Even though transcriptions are not automatic, Judges had expressed their view that transcriptions would be helpful. SCS advised transcriptions can be requested under Section 94 of the Criminal Scotland Act but advised this takes time. COPFS advised they provide transcripts in criminal cases. The welfare issue was raised given those transcribing can find the subject matter distressing. Consideration should therefore be given to staff who are transcribers. Transcripts would need to be considered on a case by case basis.
e. An inspired PQ was answered on Monday 28 th February 2005 announcing the postponement to commence the use of taking evidence on commission in relation to child witnesses in High court and Sheriff court solemn and Children's Hearings court procedures until the end of October 2005. The additional time is required to fully consider the practicalities of this novel special measure. Further consideration is required to the IT issues involved, the costs and accommodation involved with moving people around the country. Experiences of taking evidence on commission should be tapped into.
4. Rules of Court in respect of Children's Hearings referrals to Sheriff Court - VWSL/05/05
Section | Comments/Issues | Action |
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Papers VWSL/05/05 - draft Act of Sederunt & comments |
- Advised that the Sheriff Court Rules Council are content with draft. Subject to the incorporation of the points noted, the draft Act will be complete.
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5. Rules of Court in respect of child witnesses in High Court and Sheriff Court Solemn cases - VWSL/06/05
Section | Comments/Issues | Action |
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Papers VWSL/05/06 - draft Act of Adjournal (7/2/05), draft version dated 2/03 & comments | - The Lord President's Private Office advised latest draft Act of Adjournal version 2.3.05 which included comments from SCS.
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| - Discussion arose about when the execution of service should be lodged. Lord President's Private Office advised the Child Witness Notice did not require execution of service to be lodged at the same time, as this would delay the Child Witness Notice.
- Execution of service should be lodged within 7 days of lodging Child Witness Notice.
| - Lord President's Private Office to amend draft into final copy.
- Final version to be agreed with Lord President to sign before two Judges. This can be completed quickly.
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| - The Group discussed authenticity of tapes when taking evidence on commission. Two copies should be made at the same time, one for back up and sealed until opened at trial for evidence to be led. Further copies should not be made.
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| - The Group discussed objections to inadmissibility when taking evidence on commission should be raised. The Group agreed defence agents should raise objections at the time of taking evidence.
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Draft Practice Note - Version 28 th February 2005 | - The Lord President's Private Office advised that the General Discretionary Powers of the Court Practice Note would only include discretionary measures over and above statutory measures in the Act. Therefore, reference to the use of supporters will be removed given this is in the legislation. Similarly, the Practice note would not cover the use of screens and live television links.
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| - The Lord President's Private Office agreed that there may be a need for a practice note to be produced for taking evidence on commission.
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6. Commencement Order - VWSL/07/05
Section | Comments/Issues | Action |
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VWSL/07/05 - Draft Commencement Order | - The Group discussed the draft Commencement Order and issues around whether there needs to be clearer clarifications around a savings provision.
- OSSE will include explanatory note explaining roll out within certain courts.
- OSSE advised Statutory Instruments Committee would rather commence one order including taking evidence on commission.
| - OSSE to reconsider and submit revised draft on Tuesday 8 th March.
- Revised draft to be circulated around members to consider and provide final comments by 11 March 2005.
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| | - Victims and Witnesses Unit to check the requirement for a memorandum to be issued to use Commencement Order.
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7. A.O.B
None.
8. Date of Next Meeting
Group members agreed other business could be carried out by correspondence unless a particular issue came up which would require bi lateral meetings.
Members were thanked for all their contributions.
Victims and Witnesses Unit
March 2005