Scottish Government

VULNERABLE WITNESSES WITH SPECIAL NEEDS

INTRODUCTION

THIS GUIDANCE IS DESIGNED TO HELP PRACTITIONERS IDENTIFY THE DEGREE OF VULNERABILITY OF CHILDREN WITH ADDITIONAL SUPPORT NEEDS AND ADULTS WITH SPECIAL NEEDS SO THAT THE APPROPRIATE SPECIAL MEASURE(S) CAN BE DETERMINED TO HELP A WITNESS GIVE THEIR BEST EVIDENCE. IT SHOULD BE READ IN CONJUNCTION WITH THE GUIDANCE ON EACH OF THE SPECIAL MEASURES.

FOR THE PURPOSES OF THIS GUIDANCE, PRACTITIONERS INCLUDE CROWN OFFICE AND PROCURATOR FISCAL SERVICE STAFF, OTHER LEGAL PRACTITIONERS, CHILDREN'S REPORTERS, THE POLICE, COURT PERSONNEL, SOCIAL WORKERS, VICTIM SUPPORT SCOTLAND VOLUNTEERS AND WORKERS IN OTHER SUPPORT ORGANISATIONS.

THE GUIDANCE IS NON-STATUTORY AND IS NOT AN AUTHORITATIVE STATEMENT OF THE LAW BUT AIMS TO ENSURE A COMMITMENT TO PRACTICE, WHICH DOES NOT DISCRIMINATE ON THE GROUNDS OF RACE, RELIGION, DISABILITY, GENDER, SEXUAL ORIENTATION OR AGE.

This guidance is presented in two parts.

• Part 1 relates to adult vulnerable witnesses with special needs.
• Part 2 relates to child witnesses with additional support needs.

The material in parts 1 and 2 will alert practitioners to the need to work in ways that are more responsive and sensitive to adults with special needs and to children and young people with a variety of additional support needs.

It will provide examples of best practice as to:

• how to explain to people with special needs and additional support needs, what might be required of them as a witness;
• dos and don'ts of interviewing people with special needs; and
• where training on this particular area would be available.

It is expected that application of the guidance should assist consistency in the use of special measures across Scotland.

Separate guidance is available on each of the special measures in addition to general guidance on identifying the most appropriate special measures for child witnesses.

SPECIAL MEASURES

Giving evidence in court may be a difficult and stressful experience for any witness. People with special needs are particularly vulnerable and often need additional support. In many cases the use of a special measure will reduce stress and anxiety and help them to give their evidence.

Standard special measures that child witnesses under the age of 16 have a right to use are:

(i) a live television link where the witness is in another part of the court building;
(ii) a screen; and
(iii) a supporter in conjunction with either (i) or (ii) above.

The full list of special measures available on application, which can be used, by either a child or adult vulnerable witness is:

(i) a live television link from another part of the court building or other place outwith that building;
(ii) prior statements as evidence in chief (criminal cases only);
(iii) taking evidence on commission;
(iv) a screen; and
(v) a supporter.

Each of these special measures can be used on their own or in conjunction with one another.

Examples of possible combinations of special measures are:

• use of a screen and a supporter;
• use of a live television link where the witness is in another part of the court building and the use of a supporter; and
• the use of a prior statement as evidence in chief together with the use of a screen when the witness's evidence is subsequently examined.

Practitioners should note that the use of a supporter is not classed as a standard special measure for child witnesses unless it is being used with a screen or live television link.

However, the use of a supporter can be requested as a stand-alone measure and may be authorised on the basis of the case made in the Child Witness Notice or Vulnerable Witness Application.

PART 1

ADULT VULNERABLE WITNESSES WITH SPECIAL NEEDS

PREPARATION

Obtaining the views of a person with special needs can be challenging and takes time. As a result early identification of potential witnesses with special needs is important. In many cases the standard police reports or statements will contain information about the age and likely vulnerability of witnesses.

In some cases, the investigating authorities may fail to recognise or record that a person has special needs. This may be partly because the witness's ability and capacity can be overestimated as well as underestimated.

The responsibility for identifying vulnerable witnesses and making an application lies with the party calling them as a witness. As a result where there is any doubt it will be necessary to make additional enquiries.

Useful information should be sought from family members.

Consideration should be given to approaching other organisations for information and advice about a person's vulnerability. These may include care providers, the social work department, educational establishments, the GP or other services used by the witness.

Where possible consultation should take place before arranging a meeting so that it takes place at a suitable time and in an appropriate setting.

For example:

• a person with special needs may feel intimidated or worried in an office environment;
• there may be particular difficulties if a person is kept waiting; and
• the person may want a specific support worker or family member to attend with them.

It is also important to recognise that meetings may take longer, therefore allow plenty time.

Before arranging a meeting it is a good idea to have information about:

• how the person communicates;
• any potential behavioural challenges or difficulties;
• any physical disabilities;
• who, if anyone, the person would like to have with them at the meeting;
• whether or not they have an advocacy worker;
• their daily routine; and
• their likely concentration levels.

EXPLAINING SPECIAL MEASURES

It is necessary to form a view on whether or not the potential witness is better able to give evidence with the use of a special measure.

Under the Act the person citing the witness must consider:

(i) the best interests of the witness; and
(ii) any views expressed by the witness.

This involves providing information about special measures and finding out what the person thinks about using them.

Explaining the options to a person with special needs and getting an informed opinion can be difficult. Information needs to be as clear and accessible as possible and it may be appropriate to involve those who are close to the person. This may particularly be the case where the person's communication is non-verbal or their speech is limited or indistinct.

It will often be necessary to put information in context and explain what happens in court, what a courtroom looks like and the functions of relevant personnel.

People with special needs may find it difficult to visualise or imagine a courtroom. Consideration should be given to arranging a court visit where this would increase their understanding and improve their ability to make an informed choice.

In general, if people know who they will see, where they will be and what sort of things will happen they are much more likely to be at ease and express their views.

It is important not to assume the person will want to use a special measure and the option and consequences of choosing not to use one should be explained. Provided they understand the options, the person may prefer to give evidence without assistance. They should also be advised that they can change their mind about how they would like to give evidence and should understand how to communicate any changes.

Efforts should be made to make sure expectations are not unrealistically raised.

Everyone involved should be aware that although a special measure can be requested, the court will make the final decision on whether or not the special measure(s) should be used.

GENERAL PRACTICAL ADVICE

Although each person is an individual, the following are some general practical guidelines that may facilitate communication with people with special needs:

• speak clearly;
• use plain English and avoid legal or other jargon;
• use open-ended questions wherever possible. Break questions down and avoid having more than one idea or point in each question;
• avoid "leading" questions and be aware that there may be a tendency to give the answer that is perceived as being wanted or expected if a question is not understood;
• speak to the person directly wherever possible rather than using someone as an intermediary;
• avoid offering a choice of answer and be aware that a person with special needs can be more easily influenced by the way information and choices are presented. There may also be a tendency to guess an answer rather than say they do not understand the question;
• give the person time to understand the question. They should be reassured throughout the meeting that "I don't understand", "I don't know" or "I don't remember" are acceptable answers;
• people with special needs are not always used to having their views listened to and they may be more easily influenced by others attending even when they hold a different view themselves;
• it might be necessary to ask a question in different ways before finding a form of words the person understands. Apparent contradictory answers may indicate the person does not understand the way something has been explained rather than an inability to understand the idea at all;
• allow the person time to think about the question and avoid the temptation to interrupt or pre-empt what someone wants to say by finishing their sentences or suggesting words. People with special needs may need longer to think about a question and find the right words to express themselves; and
• if there is doubt as to the level of understanding, consider arranging a second meeting to assess whether the person can recall the previous discussion and if they are expressing consistent views.

PART 2

CHILD WITNESSES WITH ADDITIONAL SUPPORT NEEDS

PREPARATION

This part of the guidance focuses on practical information about supporting children and young people with additional support needs through the court process and obtaining their views.

Child witnesses under the age of 16 have a right to use certain special measures. The Act provides the context in which it is expected that children will be consulted to express their views about the use of special measures to support them through the judicial system.

However, children with additional support needs may face specific additional barriers and it is important that particular care is given to allow them to express their views and identify appropriate special measures.

Listening to children with additional support needs and enabling them to express their views is essential if they are to benefit from the special measures and new rights contained in the Act. This is far from easy and straightforward.

'Speech, language and communication are amongst the most complex of all human functions. It can be hard to untangle these functions from general development and learning abilities and communication support needs will be different.'
(Aitken, S. and Millar, S. 2004)

All children and young people have a right to express their views and to have their wishes taken into account when key decisions on matters that affect their lives are being made. All too often, the views of children and young people with additional support needs are not heard, particularly if they have communication impairments, and their wishes may not be considered.

Most children have the ability to communicate provided they have the tools and support to do so. No assumptions should be made about particular additional support needs. All children are individuals with their individual communication needs.

Listening to children with additional support needs and communication difficulties can imply a wide range of efforts from practitioners; deciphering and making sense, attempting to overcome communication barriers and being open to different types of responses from children and young people.

Practitioners must have respect for the child or young person, have a willingness to respond, address power issues by being aware of the possible power imbalance that will exist in any relationship between children/young people and the adults engaging with them.

It is essential that those seeking the views of the child/young person with additional support needs should use appropriate methods suited to the individual child/young person.

Many children with additional support needs often have very limited experience of participating in making decisions that affect their lives. In addition they will normally be used to adults making decisions for them. As a result they may find expressing their views difficult and be particularly influenced by the views of parents or carers.

In order to allow the child to express their views freely it may be necessary to conduct part of the interview with the child alone and provide reassurance that it is fine to disagree with their parent or carer.

It is important not to assume that the child will want a specific person, for example, a parent with them during the interview. Depending on the individual and the nature of the case, they may prefer a teacher or professional support worker. It can be particularly difficult for children with additional support needs to express such preferences. As far as possible the child should be involved in deciding who attends meetings.

Many children with additional support needs often have short attention spans and there may be certain times during the day when they are more able to concentrate than others. Communication with the family and school will help to identify a suitable place and time for the meeting.

Communication tools should be used where possible and appropriate. It may be necessary to check in advance whether the child uses a non-verbal different method of communication. For example, some children use ranges of set pictorial symbols and this may mean making arrangements for someone to be present who can "interpret" what the child means.

Supporting the child to provide information can take time, whatever their support needs and it is important that the appropriate time is spent with the child or young person.

PRACTICAL MEASURES

Parents, siblings and carers can often provide a valuable insight into the child's means of communication. Therefore it can be of assistance for such persons to be interviewed prior to the child's appearance in court to ascertain any particular means of communication used by the child.

A good starting point to find out how a child or young person communicates, is to ask the child/young person directly.

It may take time to explain things and therefore planning sessions must be realistic and take account of the time available. For example, it may be that at certain times of the day a child is more or less able to participate.

Flexibility is essential when planning work with children and young people with additional support needs.

In some cases several brief sessions will be appropriate, e.g. six sessions of five minutes each with a child with a limited attention span may well be more productive than two sessions lasting half an hour. This will vary according to the individual abilities of the child and the time, skills and commitment of those involved.

COMMUNICATION AND SPECIFIC COMMUNICATION TECHNIQUES

Practitioners need to know how the child or young person communicates and have an understanding of their additional support needs. The way the child or young person communicates is central to the child's understanding and to the practitioners' understanding of the child.

In order to understand the spoken word some children need additional communication tools. They may need access to sign language or written signs and symbols together with more traditional methods.

The following headings provide a brief overview of some communication techniques. This list is not exhaustive and it is important to consult with the people who know and understand the child and young person's communication style.

Technology: videos and computers: new technology has facilitated the development of a plethora of resources of communication tools. Additional photographs and symbols can be added to existing materials, which provides children with an increase in available options. Computers are a familiar medium for children and young people growing up in society today. They can motivate the child's interest and retain their interest making the experience less daunting.

Symbols: there is a range of pictorial symbols used in the UK. All are similar in that they are a way of representing meaning in a graphic form. Some are more pictorial than others but all rely on the child or young person being able to assign meaning to the symbol. Software programmes enable writing with symbols. Bliss symbols are a symbol system where the symbols are abstract rather than iconic and can be built up to represent complex ideas and a very comprehensive vocabulary.

Visual: PECS - Picture Exchange Communication System: this system teaches early communication skills using pictures. Children are taught to exchange a picture for something they want and that communication has a consequence.

Sign Language: British Sign Language is the language of the deaf community. It is an independent language with its own grammar and idiom. It is a rich, full and diverse language, capable of expressing nuances and abstract ideas using a mixture of precise hand shapes, lip movements, facial expressions and body movements
to convey meaning.

Spoken: social stories can help to describe a new situation, outlining the particular sequence of events and giving a meaning to an otherwise abstract concept. This method in particular could be used to describe the special measures outlined in the Act. By developing a story using certain 'wh' questions, a meaningful description can be created:

• who is involved and in what ways;
• where situations will occur;
• what will happen and in which order;
• what tools, activities or equipment might be used; and
• why or what is the purpose.

A child with additional support needs may need:

• plenty of advance warning of meetings, where possible, and lots of time;
• help in understanding the meaning of key terms and concepts to be used in the discussion;
• a supportive communication facilitator, whether family member, friend or professional/support worker, to tease out the full meaning of all of the issues;
• to learn or be given specialised or new vocabulary (perhaps in sign or symbol form) to use during discussions;
• an open, permissive 'listening' atmosphere in which to go over ideas, sometimes quite repetitively;
• privacy - group settings, including those with family members, may not always be appropriate for discussions on important or personal issues; and
• those asking questions to leave plenty of time for him or her to respond and wait in silence while doing so, even if it seems to take a long time.

Anyone interviewing a child with additional support needs may benefit from specific training on supportive questioning techniques, including how to give neutral prompts, how to frame 'alternative choice' questions if direct open questions are failing to elicit responses, and so on.

There are a number of publications that provide in-depth information on the various communication systems available for children and young people with communication difficulties (see resources section). Practitioners may also seek advice from specialists within their own organisation or from other relevant organisations.

THE USE OF LANGUAGE

Always keep language as simple and straightforward as possible. Limit the amount of information being conveyed at any one time and be clear about what you want to communicate.

There are certain rules practitioners should adhere to if they want to make systems accessible to those they wish to support:

• don't use jargon;
• don't abbreviate, use short and straightforward sentences;
• provide factual information; and
• produce information that is clear and of good quality.

Know what it is you want to convey to the child or young person with special needs and what sort of words they will know and understand. Make sure that the information you are providing includes everything the child or young person needs to know.

REMEMBER…

The whole court process - from the start of an investigation to giving evidence in court - can make an already traumatic experience even more upsetting and stressful. This is even more likely to be the case if the witness is a child with additional support needs or an adult vulnerable witness with special needs.

The provisions and special measures, contained in the Vulnerable Witnesses (Scotland) Act 2004, aim to provide support for all vulnerable witnesses and to help them give their evidence.

RESOURCES

Aitken, S., and Millar., 2002. Listening to Children with Communication Support Needs, Sense Scotland
Aitken, S., and Millar., 2004. Listening to Children 2004, Sense Scotland
Call Centre, Faculty of Education, University of Edinburgh, Paterson's land, Holyrood Road, Edinburgh EH8 8 , Tel: 0131 651 6235, call.centre@ed.ac.uk , www.callcentrescotland.org.uk
Kilbride, L., 1999. I'll go first: the planning and review toolkit for use with children with disabilities, The Children's Society
Madden, S., 2001. Re:action consultation toolkit, Save The Children
Marchant, R., 2001. Two Way Street: Communicating with Disabled Children and Young People, Triangle Services, Brighton
Moffatt, V., 1996. Life Without Jargon: How to help people with learning difficulties understand what you are saying, London: Choice Books

The guidance on the use of special measures for vulnerable witnesses with special needs was developed by Enable.

ADDENDUM TO VULNERABLE WITNESSES WITH SPECIAL NEEDS

DVD/ CD-Rom "Being a Witness: A Guide for Children and Adult Vulnerable Witnesses" - Guidelines for using with Children with Additional Support Needs

Practitioners Guidance Sheet

This guidance is designed to help practitioners, or a designated agent or carer, to use the CD-Rom or DVD information materials effectively with children with additional support needs in order to reinforce the messages of each section and to satisfy the practitioner that the child has understood important, relevant, legal concepts about being a witness.

Both the CD-Rom and DVD contain similar information. The DVD contains audio-visual clips that can be watched or listened to. The CD-Rom is mainly text-based but includes video clips from the DVD in many sections. Children with additional support needs are likely to find the audio-visual material more accessible than the written text. However, the CD-Rom presents the information in smaller bites and the viewer is able to work through the sections at a slower pace which may be an advantage for some children.

The CD-Rom or DVD can be used in conjunction with the booklets:

• "Being a Witness: a booklet for children in criminal proceedings"
• "Being a Witness: a booklet for young people in criminal proceedings"
• "Being a Witness: a booklet for children in children's hearing court proceedings"
• "Being a Witness: a booklet for young people in children's hearing court proceedings" and
• "Being a Witness - a booklet for parents and carers".

These can be down-loaded from the CD-Rom or obtained from VIA (Victim Information & Advice).

Additional support can be obtained from the Witness Service (part of Victim Support Scotland) which exists to help people through the judicial process by providing practical and emotional support at court, free of charge. They can be contacted at any time - before, during or after attending court and can be reached through the Procurator Fiscal, the defence lawyer or through VIA.

Preparing to use the CD-Rom or DVD and booklets

Please refer to section 3 of the "Vulnerable Adult and Child Witnesses: a Guidance Pack" for more information about how to prepare children and adults with learning difficulties. However, if you choose to use the DVD or CD-Rom the following guide may be useful. It is intended to be only a guide. How you approach things will depend on the abilities and needs of each child. Be advised by the people who know the child's communication abilities.

• Talk to the child about what you want to discuss or find out about.
• Show the relevant part of the DVD or CD-Rom.
• Ask the child questions and explore their understanding of what you have shown him or her.
• Give the child the DVD or CD-Rom and children's booklets to take away and look at again at home or at school - possibly with assistance from a parent, carer or teacher if appropriate.
• If necessary, hold a second meeting to re-check their understanding of what's been discussed and confirm their views.

TIPS

Although it is possible to work through the CD-Rom or DVD in the order that the sections are given, this should not be regarded as the only option or necessarily the best one. Each section can be used on its own. Some sections (or parts of these) may be more useful than others depending on the needs of individual children and the information that needs to be covered or reinforced for a child. Both CD-Rom and DVD contain a lot of information. It is likely to be more effective to select specific parts of the CD-Rom or DVD than go through the whole of the information with a child - even over several sessions.

Avoid asking the child directly 'Do you understand?' Children and young people who have difficulty understanding can often say that they do understand in order to end confusing exchanges.

Be careful about questions that have 'yes' or 'no' answers for the same reason -eg "Would you like to watch the DVD?".

You may need to be quite directive at times - eg "Let's watch a film about the court." "Tell me what things worry you about being a witness."

Use reinforcing questions - for example, ask the same general questions after each section.

Keep the questions simple. Use short sentences with only one idea at a time and avoid jargon or unfamiliar language.

Relate the questions to what the child can see in front of him or her at the time - eg a relevant picture or scene.

Give the child plenty of time to answer a question before asking the next one.

Pause the DVD after showing a section (or part of a section) and test understanding by asking the child to tell you what happened in the film you have just watched. This way you will identify important facts that the child has missed or not understood.

Start by asking some easy questions so the child can 'succeed' at the beginning and build confidence. It will help them to feel more confident in saying that they don't understand as the DVD content and questions become more complex.

Reflect the child's language back to him or her. For example, a child may use the word 'scary' instead of 'worry'. Use the child's words in any questions.

It is better to ask a few key questions to test overall understanding than expect the child to grasp much of the detail. Do not overwhelm the child or young person with information.

THE CD-ROM CONTENT FOR THOSE AGED UNDER 16

Being a Witness

• Introduction plus links to all other sections (text-based)

Going to Court

Virtual tour of a criminal court
Virtual tour of a children's hearing court
What you need to know

This is a list of questions (text-based) that lead to short video clips.

Key questions are:

• Why do I need to tell the court what I know?
• What help is available to help me be a witness?
• How do I decide about how I would like to give my evidence?
• What happens if I don't understand a question?
• What happens if I don't know the answer?

Who's Who

Understanding words and meanings

Words used in Court (A-Z list, text-based)
Frequently asked questions (all text-based, no audio or video)

Giving Evidence

• key section as lots of video clips. Each clip is quite long but each reinforces the important aspects of giving evidence (telling truth, etc.)

Using a TV link
Using a screen
Using a support person
Your views matter
Other special measures

Find out more

• with links to download the information booklets for children and young people and their parents and carers.

THE DVD CONTENT FOR CHILDREN & YOUNG PEOPLE

The DVD contains two parts that are relevant to children and young people who are witnesses.

• A guide for children in criminal proceedings
• A guide for children in Children's Hearings Court Proceedings

The content of each part is similar:

Virtual tour of the court
Going to court (overview)
Being a witness (Why being a witness is important and how to give your evidence)
Your views matter
Special Measures
Special measures (overview)
Using a TV link
Using a Screen
Having a Support Person
Prior Statement
Giving evidence by a Commissioner
What you need to know (in a question & answer format)
Frequently asked questions (in a question & answer format)

PARTS OF THE CD-Rom or DVD THAT MAY BE OF MOST USE TO A CHILD WITH ADDITIONAL SUPPORT NEEDS

The following is not intended to be prescriptive and we urge practitioners to familiarise themselves with all parts of the information materials. However, we hope it will highlight some parts that may be particularly useful.

The questions offered are suggestions that you can use with a child. It is not intended that you should necessarily use all of them. In addition, general questions you could ask are:

• Have you ever been in a court before?
• What do you think about being a witness?
• What does a witness do?
• What things worry you about being a witness?

Your views matter (on DVD and on CD-Rom)

This section may be a good place to start. Most children will find it friendly and accessible. It contains a child speaking about why being a witness is important and the job of a witness. The scenes all involve children and it gives an introduction to the special measures as well as encouraging a child to say what he or she is worried about.

Possible questions after showing this section:

Tell me what happened in the part we have just watched.

What does a witness do?

What would you like to know more about?

What things worry you about being a witness?

Virtual tour of the court (on DVD and on CD-Rom)

This section contains

• A virtual tour - following a computerised person as she enters the court, goes to the reception desk, goes through security and waits in the waiting room.
• A look at how a courtroom is laid out and all the people you will find in it.

Some children may not be able to relate well to the 'virtual person' in the first part - especially as it is an adult. You may need to stress to the child that this is what a child does too.

The scenes in the courtroom show film of real people representing the different people to be found in a courtroom and explaining who they are and what they do. On film they speak quite quickly and the pace is fast. A child with additional support needs may need more time to absorb the information. In the DVD the film moves round the people in the courtroom automatically in sequence. In the CD-Rom you can choose which and how many of the people in the courtroom to show the child and pause between each clip.

Questions for the child before showing this section:

• Have you ever been in a court before?

Let's watch a film of what a court looks like and the people that will be there.

Possible questions after showing this section:

• Tell me what happened in the part we have just watched.
• Is there any part that you would like to see again?
• What does a witness do? (ie answers questions, tells what they know, tells the truth).
• What do you think about the screen in the courtroom?
• What do you think about the TV link?
• What do you think about having a support person sitting near you?
• Tell me what you like about the screen/ TV link/support person?
• Tell me what worries you about the screen/ TV link/support person?
• Would you like to visit the courtroom where you will be a witness and see what happens?

The key information from this part:

• You will need to wait in a waiting room. You may need to wait for some time.
• Lots of adults work in the court.
• There will be adults in the courtroom when you give evidence. If it's a criminal case there will be lots of them.
• A witness answers questions and tells the court what he or she knows.
• Children can get some special help - especially if they are worried about giving evidence.

Having viewed this clip the child might find it helpful to visit a real courtroom. If the child does wish to visit a courtroom in advance of the hearing, ensure, as far as possible, that it is the courtroom that will be used when he or she gives evidence. Otherwise you risk confusing and unsettling the child on the day of the court hearing.

Using a TV link (on DVD and on CD-Rom)

Using a screen (on DVD and on CD-Rom)

These sections follow similar scripts. Both show how these special measures work in practice; information about support persons; and information about giving evidence including being asked questions, speaking clearly, telling the truth and what to do if you do not understand the question or know the answer.

Possible questions after showing these sections:

• Tell me what happened in the part we have just watched.
• What do you think about the TV link?
• What do you think about the screen in the courtroom?
• What do you think about having a support person sitting near you?
  • Would you like someone to sit near you when you give evidence?
  • Who would you like to sit near you?
• Tell me what you like about the screen/ TV link/support person?
• Tell me what worries you about the screen/ TV link/support person?
• When someone asks you a question, what must you always do? (tell the truth)
• If you are not sure of an answer, what will you say? (I don't know, I can't remember).
• Is there any bit that you would like to see again?

Using a support person (on CD-Rom)/ Having a support person (on DVD)

This section explains what a support person does, when a child can use one and that the child can help to choose a support person. It also stresses what a support person cannot do.

Possible questions after showing this section:

• Tell me what happened in the part we have just watched.
• What do you think about having a support person sitting near you?
• Tell me what you like about having a support person.
• Would you like someone to sit near you when you give evidence?
• Who would you like to sit near you?
• What can your support person not do?
• Tell me what worries you about having a support person.
• Is there any part of the DVD that you would like to see again?

Other useful sections

What you need to know (from Going to court section on the CD-Rom and on the DVD)

This is a list of questions (text-based) that lead to short video clips.

Key questions are:

• Why do I need to tell the court what I know?
• What help is available to help me be a witness?
• How do I decide about how I would like to give my evidence?
• What happens if I don't understand a question?
• What happens if I don't know the answer?

Questions for the child before showing this section:

• What things worry you about being a witness?

Let's see if we can find the answer here.

Possible discussion after showing this section:

• Tell me what happened in the part we have just watched.

Ask the child to tell you what they remember from listening to the questions and answers.

• Is there anything that still worries you?
• Who will you talk to or ask if you are not sure about anything?
• Is there any question that you would like to see and listen to again?

REMEMBER….

The whole court process - from the start of an investigation to giving evidence in court - can make an already traumatic experience more upsetting and stressful. This is even more likely to be the case if the witness is a child with additional support needs or an adult vulnerable witness with special needs.

Special measures introduced by the Vulnerable Witnesses (Scotland) Act 2004 aim to provide additional support for all vulnerable witnesses and to help them give their evidence.