Scottish Government

VWEA/ 05/05

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1. The final draft of the 'Notice of Standards for Remote Sites' was submitted to the Steering Group on 19 ^th January and issued to the consultation group on 4 ^th February for comments by 24 ^th February. So far we have received 4 responses and these are noted below:
2. 1. Sheriff Principal, North Strathclyde:

   2. "..it seems very comprehensive and I would not propose any alteration to it….No doubt experience in operation will indicate whether any alterations are required at a later stage."

   3. Sheriff Principal, South Strathclyde, Dumfries and Galloway:

   4. "….I do not know how practicable it will be to provide the required accommodation to the standards required with effect from the date of implementation. My guess is that for some areas the standards will prove to be ambitious."

   5. Judicial Studies Committee:

   6. "…..I note that paragraph 18 of the Notice gives parties the opportunity to override the standards on cause shown. Hopefully this will not be necessary in particular cases, since the guidance is very comprehensive."

   7. The Sheriff's Association, Sheriff Court, Glasgow and Strathkelvin:

   "…..While we appreciate you sending us the Notice of Standards for noting, we do not think it is appropriate for us to offer any comments thereon."

3. We propose that we now approve this as a final document agreed by members of the Implementation Steering Groups.

SEJD
Victims and Witnesses Unit

February 2005

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.

General

1. 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

   a. 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

   and

   b. a technical specification for equipment to be used at remote locations

2. 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. .
3. 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.
4. 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.
5. 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 .
6. 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.

Accommodation: see Annexes A and B for details

1. 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.
2. Sites must also be accessible to witnesses with different mobility needs: e.g. wheelchair use, visual impairment.
3. 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.
4. 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.
5. 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.
6. 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.

ANNEX A: TV LINK REMOTE LOCATION

ANNEX B: REMOTE LOCATION - COMMISSION