Scottish Government

VWEA/06/05

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1. The Drafting group submitted the first draft protocol to the meeting of the sub-group on 27 ^th January. As a result of the discussion at that meeting, the paper was re-drafted as attached.
2. Bearing in mind the developments noted regarding SCS assumption of responsibility for the identification, upgrading and management of remote sites, we suggest that the protocol should not be developed further at this stage. Its content may be taken up by SCS in the future and may form part of discussion in relation to Service Level Agreements and other contractual issues with individual third party site providers.
3. Members are invited to note therefore that the Protocol goes on record as work in progress.

SEJD
Victims and Witness Unit

February 2005

INTER-AGENCY PROTOCOL FOR THE OPERATION, MANAGEMENT AND MAINTAINEMCE OF REMOTE WITNESS FACILITIES FOR CHILD AND ADULT VULNERABLE WITNESSES

Partners to This Agreement:
Scottish Courts Service
The Site Provider

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. This protocol is intended to identify the key areas of responsibility between SCS and the site provider. It sets out the operational principles which provide a framework for ensuring minimum standards of service at remote sites with the aim of maintaining the integrity of the court throughout criminal and civil proceedings.
3. It will also serve as a Quality Assurance Guide for all parties. It recognises the importance of working together to ensure that best service is offered to child and adult vulnerable witnesses.
4. This Protocol should be read in conjunction with the related guidance on standards and technical specification for remote sites and individual site agreements.
5. All dedicated remote sites require to be managed, operated and maintained in accordance with this protocol.
6. This acceptance of responsibility and interaction of both parties will 'make safe' any arrangements combining;
7. 1. ensuring the service provision meets a victim/witness's needs as best as is practicably possible;
   2. meeting the court requirements prior to the taking of any evidence; and
   3. limiting any opportunity for misunderstanding or legal challenges at a later time.

   Background Information

8. A witness may give evidence from a remote site through a live TV link with the court. The witness will view the 'examiner' through the site's TV monitor; the court and relevant parties will view the witness through court TV monitors.
9. A witness's evidence may also be taken on commission from the remote site. This may require a number of persons to be present. The evidence will require to be video-recorded; the accused (or other parties) will view proceedings through a live TV link at another location.
10. A witness's evidence may also be taken using a combination of the above and other measures: for example the commission may be conducted using a live TV link.
11. Whilst giving evidence using either of these two special measures, the witness may be accompanied by a support person and possibly an interpreter. There may also be other participants depending on the special measure for which the site is being used.

12. Level of Service

13. When using the site for the taking of evidence, the objective should be to make the setting and procedures as close as possible to the usual practice in court. Procedural guidance exists for the use of these special measures in both criminal and civil cases.
14. All dedicated remote sites are required to meet the requisite standards ( see annex A ) in order to ensure that minimum requirements are consistently applied and to satisfy all parties to the proceedings, including the presiding judge, that the accommodation and operation of the site and equipment will not hinder the interests of justice or the witness's ability to give best evidence.
15. Remote sites must be seen to be capable of operation without interference of undue influence or suggestion that prejudice might be caused to any party to the proceedings or the quality of the evidence obtained.
16. The site provider is responsible for continuing to ensure that the site is fit for purpose in accordance with agreed standards; i.e. it must be comfortable with appropriate heating; it must have a required level of lighting and privacy; there must be access to refreshments and toilets. The site provider is also responsible for ensuring the provision of suitable accommodation / waiting room for use by the witness during any adjournment in proceedings and/or interruption of proceedings caused by legal debates .
17. The site provider is responsible for continuing to ensure suitable access to the accommodation in particular for people with disabilities, especially wheelchair users.
18. The site provider must agree to the site being placed on a list of sites suitable for the procedures described in this document and be prepared to allow the site to be inspected from time to time to ensure that standards continue to be met.
19. Any fees/rental costs for the use of the site must be agreed in advance of the site being listed and these will be included in the list.
20. In some cases, documents or other physical productions will be required at the remote site in the course of proceedings. The site provider should expect that SCS will liaise with them to ensure adequate arrangements for this are in place.

21. Availability of site

22. SCS may liaise with the site provider with regard to any provisional booking the site prior to an application to the court. If known, this may include an indication of how long proceedings may last. If having heard an application, the court directs that a remote site is to be used, SCS will confirm the booking with the site provider and be responsible for advising the site provider of any changes to the booking.
23. The remote site must be available for use by the court as and when required.
24. The site provider will therefore wish to keep an efficient booking system in order to ensure priority to the court.
25. The site provider will host any pre-evidence familiarisation visits, making the accommodation available for this purpose. In all cases, the site provider should expect that the witness will be accompanied by the Witness Service, b) VIA c) the applicant (Procurator Fiscal, Defence Lawyer or SCRA) or d) another support agency identified by the applicant. Guidance on familiarisation visits is available.
26. The site provider should expect that SCS, the applicant or support agency will liaise directly with them regarding arrangements for a familiarisation vist and advise them of any changes to the arrangement.

27. Security

28. The remote site must be, and be seen to be, secure. The site provider is responsible for ensuring restricted access through a reception area or staff pass system as standard.
29. The site provider should expect SCS or the applicant to liaise with them if public safety issues are likely to arise and to consult with, and advise, them as to any additional security or police presence.

30. Health and Safety

31. Health and Safety and Liability issues should be addressed in the legal agreement with individual Site Providers as required.

32. Technical Equipment

33. Moveable equipment (i.e. cameras, recorders, microphones etc.) will normally be supplied by SCS. SCS will therefore be responsible for the operation and maintenance of all TV link or video recording equipment, both at the remote site and any court based site. SCS will have the details of the static equipment installed at all dedicated remote sites (including ISDN lines etc) together with all necessary contact names and numbers.
34. If any equipment is rented the SCS will meet the costs and be responsible for operating it. If any equipment is owned by the site provider the SCS will be responsible for and meet the costs of operating it but the owner of the equipment will be responsible for its maintenance and any costs associated with that.
35. SCS will need to be satisfied that both the moveable and static equipment is of sufficient quality for a satisfactory transmission.
36. SCS should ensure that arrangements have been made to test the link at least one day prior to the date assigned for the TV link proceedings.
37. SCS will switch on and control the operation of equipment throughout proceedings. The court will determine who will control the cameras /microphones; this will usually be the Judge or Sheriff.
38. SCS will pay for transmission costs throughout proceedings and during any pre-evidence familiarisation visits.
39. In the event of any equipment failure, technical services will be provided by the agency responsible for the equipment .

40. Witness Attendance at Proceedings

41. The site provider should expect to be advised of the date and time the witness is due to attend, the name of the witness and the name of the accompanying agency.
42. The site provider is not responsible for advising the court or applicant of the witness's is in attendance.
43. The site provider is not responsible for giving the witness permission to leave the site.

Victims and Witness Unit
21 February 2005