Support shown for child and vulnerable witness evidence plans
A presumption in favour of child and other vulnerable witnesses giving pre-recorded evidence has been strongly backed in a public consultation by the Scottish Government, the published analysis of the responses shows.
Over the summer, ministers consulted with a view to addressing identified legislative and practical gaps in the current arrangements for enabling child and other vulnerable witnesses to have their evidence pre-recorded in advance of trial, with a particular focus on strengthening and improving the current arrangements for evidence being taken by a commissioner.
Sixteen individuals and 31 organisations responded, including the legal professional bodies. The major themes to emerge were:
- Overwhelming support for the longer-term aim of a presumption that child and other vulnerable witnesses should have all of their evidence taken in advance of a criminal trial.
- Majority support for an amendment to the Criminal Procedure (Scotland) Act 1995 to include the use of (a) prior statements as evidence in chief and (b) evidence by a commissioner as standard special measures.
- Respondents generally favoured the initial focus to be on all younger child witnesses and complainers.
- Focusing initially on serious crimes heard in the High Court was largely supported.
- A balance of opinion fell towards maintaining the right to give evidence in court for all witnesses regardless of age, but on the basis that current practice in supporting child and vulnerable witnesses is improved, and provision made for the event they changed their mind about appearing in court.
- The vast majority considered that a child accused should also be able to give pre-recorded evidence in advance of a trial, due to the acute vulnerability of the accused child, but many believed differences should be considered between how a child complainer or witness could give pre-recorded evidence and how a child accused could do so.
- The majority felt that legislation should provide for the taking of evidence by a commissioner before service of the indictment, but there are issues of disclosure, procedure and resourcing to be overcome.
- The majority who commented were in favour of the same individual sitting as a Commissioner and presiding as the judge at the trial, though there are scheduling and availability issues.
- The use of the Barnahus model received support as a desirable long term aim for Scotland, as did the need for similar changes to the civil and children's proof hearing procedures in Scotland.