News

July 2003

The Scottish Executive has published its Vulnerable Witnesses (Scotland) Bill. Justice minister Cathy Jamieson said that the Bill aims to protect vulnerable witnesses in court. The Bill proposes that:

 

• All child witnesses aged under 16 to be automatically entitled to special measures
• Child witnesses under 12 in criminal cases involving sexual assault or violence will normally give evidence by means that do not require their personal attendance at court
• Widening the definition of "vulnerable person" to include anyone whose ability to give evidence may be diminished if they are not allowed to use a special measure. Complainers in sexual offence cases, victims of racial harassment, or people with mental disorder may be eligible for special measures if the court is satisfied that the circumstances of the case merit it, having regard to the interests of the witness. A young person who would not qualify as a child may still qualify for special measures depending on the circumstances of the case
• An accused who chooses to give evidence may be eligible for special measures if the court considers the accused to be vulnerable
• A notice procedure to simplify the process by which the court decides which special measure i.e. screens, live TV link, evidence on commission etc. is most appropriate for the child witness
• The use of a supporter to be a statutory special measure. A supporter is a designated person who will be able to sit near to a vulnerable witness either in the court itself or from where they give evidence by remote TV link. This person will not be able to communicate with the witness, but their physical presence should be a comfort or support to the witness
• The court to have a discretionary power to prevent an accused conducting his defence personally in cases other than sexual offence cases (where there is already an automatic ban) and power to appoint a legal representative for the accused in such cases
• Greater use of prior recorded statements of vulnerable witnesses
• Allowing the use of expert evidence to explain a witness’s behaviour in certain cases
• Doing away with "dock identification" of the accused where there has been a previous identification by the vulnerable witness

 

Rape Crisis Scotland will be producing a briefing on the Bill which will be posted on this website in September.