Pre-trial forms revised to cover graphic video evidence

Scotland's senior judges have acted to provide new safeguards in trials where there is a risk of horrific video footage being shown to a jury, as happened in the recent case of Smith v HM Advocate. 

Acting under s 305(4) of the Criminal Procedure (Scotland) Act 1995, the Lord Justice General and Lord Justice Clerk have sanctioned the variation of form 9.3A and form 9A.4, providing the form of joint written record of the state of preparation for trial in the sheriff court and High Court of Justiciary respectively. The variation adds a new question 6A concerning video evidence "which includes graphic images of violence", and whether it has been discussed how the evidence is presented and how its showing to the jury cane minimised.

The updated versions of the forms, available at the above links, must be used from 6 October 2021.