VWEA13/05
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- The second State of Readiness audit was completed on 30 th February '05 and the report was submitted to the VWISG on 16 th March and to this sub-group on 21 st April. At that time there was a commitment to undertake an 3 rd audit to link into the beginning of the Monitoring and Evaluation project due to commence in the summer.
- As the 1st phase of the Act has now been implemented, it has been necessary to amend the questions in the audit questionnaire and this draft questionnaire is now submitted to the sub-group for approval.
- The 3 rd audit questionnaire will be issued to all organisations previously involved and also to the nominated local authority lead officers.
- Participants will be asked to return the questionnaire by 8 th July and a report should be submitted to this sub-group thereafter.
SEJD Victims and Witnesses Unit Questionnaire 3: VULNERABLE WITNESSES (SCOTLAND) ACT 2004
Introduction
This is the third phase of an ongoing audit, intended to find out more about the use of accommodation and other resources in your area, which can help to deliver some of the special measures and other provisions of the Vulnerable Witnesses (Scotland) Act in respect of child witnesses. This will assist the Scottish Executive to consider the readiness of the courts and all relevant agencies and to review any remaining gaps in provision since implementation of the first phase of the Act on 1st April 2005.
Participants of phases one and two will note some repeated questions. This is to enable us to assess progress during the audit period.
The first audit report is available for information. State of Readiness - First Audit The second audit report is not yet available on the web but can be forwarded on request.
From 1 st April 2005 the Executive implemented the Act in so far as it relates to child witnesses in the High Court and Sheriff Solemn cases and Children's Hearings court procedures. Vulnerable Witnesses (Scotland) Act 2004
The Act assumes that all children under the age of 16 are vulnerable witnesses. It formalises existing special measures, introduces new ones and contains other provisions aimed at making it easier for witnesses to give their evidence.
The effectiveness of implementation will fall to the ability of all of us to work in partnership for the purpose of improving the support available for child witnesses. It is therefore important that you have an opportunity to provide me with your views of any gaps in local provision or any examples of good practice that you consider may be disseminated to other parts of Scotland.
Your co-operation in taking the time to complete the attached questionnaire is much appreciated.
Responses should be completed and returned no later than 8 th July 2005.
SECTION A:
General Awareness of the Vulnerable Witnesses (Scotland) Act 2004
Part 1
On a scale of 1 to 5 - How would you assess your organisation's current understanding, at local level, of what the Vulnerable Witnesses (Scotland) Act 2004 does?
1 2 3 4 5 1 = poor and 5 = very good |
Part 2
- Have you been involved in any inter-agency dialogue in respect of the implementation of the Act?
YES/NO Details: - Do you know of any plans for local dialogue ? (please provide details)
YES/NO Details: |
SECTION B:
Evidence from a remote location with the use of live TV link or on commission
Under the Vulnerable Witnesses (Scotland) Act 2004, one of the major changes to take effect from 1 st April 2005 has been the provision for some child witnesses to give evidence without attending at a court building.
Local agencies may be able to help identify sites across the country which may be suitable to meet the requirements of this part of the Act, (eg existing child friendly interviewing suites).
- Any information as to potential accommodation in your area or existing video-conferencing facilities, should be passed to the Local Authority Lead Officer or direct to the VWU.
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SECTION C:
Access to Guidance and Training
- Has your agency had access to any of the following?
- the Practitioner's guide:
YES/NO - the Guidance pack on use of special measures:
YES/NO |
- Has your agency had access to any other guidance or training?
YES/NO Details: - Is your agency considering joint training with other agencies ?
YES/NO Details: |
SECTION D: Using the Act and Providing information about the Act
Part 1:
- Has your agency made any requests or applications to use any of the provisions of the Act?
YES/NO Details: - Has your agency consulted others or been consulted by others regarding any requests or applications to use any of the provisions in the Act?
YES/NO Details: |
Part 2
- Has your agency been asked to respond to enquiries from child witnesses about the Act and special provisions?
YES/NO - Was enough information available to enable you to do this?
YES/NO - What additional information was needed?
Details: - How ready is your agency respond to enquiries for child witnesses about the new measures and provisions contained in the Act ?
1 2 3 4 5 1 = unprepared and 5 = well prepared |
SECTION E:
General:
Part 1
On a scale of 1 to 5 - How ready would you say your local office/agency is to meet the needs of child witnesses under the terms of the Vulnerable Witnesses (Scotland) Act 2004 ?
1 2 3 4 5 1 = unprepared and 5 = well prepared |
SECTION F: (For Scottish Courts Services only)
Evidence at court with the use of CCTV or Screens
We are aware that Scottish Courts are in the process of upgrading court equipment and appreciate your responses so that we can note the progress made.
Part 1: Screens
- Does your local court have dedicated Screens for use during evidence ?
YES/NO Details: |
On a scale of 1 to 5 - How accessible is the equipment and accommodation ?
1 2 3 4 5 1 = very restricted access and 5 = easily accessed |
On a scale of 1 to 5 - How fit is the equipment for purpose ?
1 2 3 4 5 1 = not fit and 5 = fit |
Part 2: CCTV
- Does your local court have dedicated CCTV accommodation and equipment ?
YES/NO Details: |
On a scale of 1 to 5 - How accessible is the equipment and accommodation ?
1 2 3 4 5 1 = very restricted access and 5 = easily accessed |
On a scale of 1 to 5 - How fit is the equipment for purpose ?
1 2 3 4 5 1 = not fit and 5 = fit |
SECTION G: All Participants
- If you have any examples of good or innovative practice with any of the above existing special measures, please provide some brief details.
- Please add any further comments:
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Name of Participant: | Agency: |
Email:
Telephone: | Address: |
Thank you for taking the time to answer these questions. I may be in touch again either to arrange a visit to your department or to advise you of any progress in relation to this audit.
Please return to:Margaret.Allison@scotland.gov.uk
Margaret Allison, Victims and Witnesses Unit
St Andrews House, Regent Road, Edinburgh, EH11 3DG