SCTS report takes forward vulnerable witness reforms
A new report from Scottish Courts & Tribunals Service takes forward proposals for radical reform of the way children and vulnerable adults should be treated in court.
The next in the series of reports from the Evidence and Procedure Review, the Report of the Pre-Recorded Further Evidence Work-Stream:
- looks at ways to encourage and improve the use of taking evidence by a commissioner – under which the witness can be questioned in advance of trial, under the supervision of a judge;
- recommends changes to the legislation to shorten the gap between initial interview and further examination – a proposal that the Scottish Government has been consulting on over the summer; and
- sets out a long term vision initially for children, to be extended in due course to other vulnerable witnesses, which takes inspiration from the barnahus (children’s house) model in place in Scandinavian countries.
Many of the recommendations regarding evidence before a commissioner are already being put into place following the introduction this year of a revised High Court practice note, developed with the assistance of Lady Dorrian’s working group.
The report also looks at ways to improve how children are questioned within the criminal trial process, focusing mainly on the testing of their evidence through cross-examination.
Considering the barnahus model, the working group considered that children under the age of 16 years who are complainers in cases involving the most serious crimes should be spared involvement in the court process altogether. Such children should have their complete evidence taken in the course of visually recorded forensic interview(s) conducted by highly trained, expert forensic interviewers who are skilled in taking the evidence of children. In this model, there would be no direct questioning of such children by lawyers.The report recognises that realising this vision would require a fundamental shift in practice. It would require increased investment to establish a body of highly trained, skilled and experienced interviewers and to upgrade equipment and facilities in which to conduct and visually record forensic interviews.
Lady Dorrian, the Lord Justice Clerk, commented: “In a civilised society, all those who come into contact with the criminal justice system must be treated with respect, and be allowed to engage meaningfully with it.
“For children and other vulnerable witnesses, this means finding ways to take their evidence in an environment and in a manner that does not harm them further, but allows their evidence to be given and tested fully and appropriately.
“In the first Evidence and Procedure Review report three years ago, we acknowledged that Scotland was still significantly lagging behind those at the forefront in the field of measures to achieve this; and that we need to develop our own, Scottish, solutions to the challenge.
“This report is another step in the journey to put Scotland amongst the world leaders in delivering fair and effective justice for all, including the most vulnerable in society.”
Society welcome
Welcoming the report for the Law Society of Scotland, Ian Cruickshank, convener of its Criminal Law Committee, said: “Appearing in court as a witness can be daunting for anyone and it is important that our courts take account of the particular needs of children and vulnerable adult witnesses who are called to give evidence. The report’s recommendations will help ensure that the expectations of the court, in terms of producing best evidence and due process, are met while treating people with respect and making it a less difficult experience for those appearing.
“The report is ambitious in its scope and will require fundamental change in the way trials involving vulnerable witnesses are run in our courts. It will be essential to ensure that there will be adequate resourcing to ensure its overarching objectives can be met.”