Pre-recording of child evidence in force from today
Child witnesses in most High Court trials in Scotland will have their evidence pre-recorded under new legislation in force from today.
The change, under the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019, will spare under-18s from having to give evidence in court.
A step towards the Scandinavian barnahus, or children's house, model, the new system enables children to be questioned in advance in dedicated witness suites with their evidence then being played to the jury during the trial.
A purpose built evidence and hearings suite was opened in Glasgow in November 2019, and similar facilities are planned in Edinburgh, Inverness and Aberdeen.
Young witnesses will record their evidence in advance where an accused is due to be tried in the High Court for any of a list of offences, including murder, culpable homicide, assault to the danger of life, abduction, plagium (theft of children), sexual offences, human trafficking, domestic abuse and female genital mutilation. This is subject to certain exceptions set out in the legislation.
The new system, which will be extended in due course to sheriff court jury cases, will apply where the accused first appears on petition on or after 20 January 2020. In cases where the accused does not appear on petition it will apply to cases where an indictment is served on or after 20 October 2020.
Justice Secretary Humza Yousaf commented: “Today marks a significant milestone in Scotland’s journey to protect children as they interact with the justice system, and a key part of our wider work to strengthen support for victims and witnesses.
“Children who have witnessed the most traumatic crimes must be able to start on the path to recovery at the earliest possible stage, and these changes will allow that, improving the experiences of the most vulnerable child witnesses, as far fewer will have to give evidence in front of a jury.
“Legislation is only one part of the jigsaw, backed by the development of modern, progressive and technologically advanced facilities to ensure children are supported to give their best evidence.”
Mary Glasgow, chief executive of Children 1st, added: “Children have told us that they found giving evidence in court almost as traumatic as the abuse itself. This Act means more children will now be able to give pre-recorded evidence in an environment more suitable to their needs. It also reduces the time children wait to give evidence and means they will not have to face the accused.”
She noted: “Greater use of pre-recording will help us establish how best to bring all the different services a child might need, including the evidential interview, together under one roof.”