Vulnerable Witnesses
Vulnerable Witnesses (Scotland) Act 2004
(This links to the Office of Public Sector Information website)
The Act is designed to enable child witnesses and other vulnerable adult witnesses to give their best evidence in court through the use of special measures. The identification of a witness as being potentially vulnerable at an early stage in the case and communication of that information to all involved is crucial. Identification of vulnerable witnesses is both a practical and a legal issue.
Guidance and Training Material
Autistic Spectrum Disorder (ASD)
(Links to the National Autistic Society website)
Flowchart - Vulnerable Witnesses
(Word document)
Flowchart Guidance - Vulnerable Witnesses
(Word Document)
Guidance on Child Witness Court Familiarisation Visits
(Links to the Scottish Government website)
Guidance on Interviewing Child Witnesses in Scotland: Supporting Child Witnesses Guidance Pack (Links to the Scottish Government website)
Practitioner Flyer
Special Measures for Vulnerable Adult and Child Witnesses: A Guidance Pack
Training Seminars
Vulnerable Witnesses (Scotland) Act 2004 Information Guide
Information for Child Witnesses and their Parents/Carers
- Criminal Proceedings – A Booklet for Children (up to 11 years of age);
- Criminal Proceedings – A Booklet for Young People (from 12 – 15 years of age);
- Children’s Hearing Court Proceedings – A Booklet for Children (up to 11 years of age);
- Children’s Hearing Court Proceedings – A Booklet for Young People (from 12 – 15 years of age); and
- A generic booklet for parents and carers covering both child witnesses in criminal and children’s hearing court proceedings
The party citing the child witness should give the booklets to the child witness and their parents/carers at as early a stage in proceedings as possible. The topics covered in the booklets can be discussed more fully with the child witness and parents and carers at the precognition stage. If these booklets are being issued to the witnesses, parents or carers through a third party such as a sheriff officer, please ensure that the third party emphasises that the child, parent or carer is advised that they can discuss any area of concern arising from this material or any other part of the process with you. That third party should also make the child, parent or carer aware of the availability of a CD Rom (discussed more fully below), which can be viewed at the office of the citing solicitor. Copies of the booklets can be obtained here or by contacting Isobel Gifford at the Scottish Executive or by telephoning 0131 244 2213
Information for Adult Witnesses
- Going to Court - The booklet is intended to provide adult witnesses with general information about being a witness and going to court; and
- The Use of Special Measures - The following booklet is intended to provide adult witnesses who have been identified as vulnerable under the terms of the Vulnerable Witnesses (Scotland) Act 2004 legislation with information about the use of special measures. It is important to note that adult witnesses are not automatically entitled to use special measures and it will be for the court to decide
Copies of the booklets can be obtained here or by contacting Isobel Gifford at the Scottish Executive or by telephoning 0131 244 2213
CD – ROM – Being a Witness:
A CD Rom providing information on support for children and adult vulnerable witnesses has also been produced to complement the generic information booklets. This interactive CD Rom features a virtual courtroom view for criminal and children’s hearings court proceedings, as well as providing video footage of the way that special measures might operate. The CD Rom aims to help children and adult vulnerable witnesses understand what being a witness means and the support that there will be to help them give their best evidence. The CD Rom will be of particular use when citing vulnerable witnesses as it can be used to help children or adult vulnerable witnesses appreciate the layout of the courtroom and will assist them in forming an initial view about the special measures which may be available. It is important to note, in cases of child witnesses in particular, that an actual court familiarisation or remote site visit will still be the best way to assess a child’s understanding and any particular individual anxieties they may have about being a witness.
Further copies can be obtained here or by contacting Isobel Gifford at the Scottish Executive or by telephoning 0131 244 2213
Monitoring
The implementation of the Vulnerable Witnesses (Scotland) Act 2004 will be monitored to ascertain if it is delivering real improvements in the criminal justice system. The Scottish Executive has recently commissioned Morris Richards Limited, an independent research company to commence the evaluation project. The research company will be interviewing procurators fiscal, advocates depute, sheriffs, sheriff clerks, clerks of courts and solicitors and advocates in relation to each of the eight study courts in Glasgow and Edinburgh High Courts, Stirling, Peterhead, Greenock, Airdrie, Edinburgh and Glasgow Sheriff Courts. The four overall objectives of the evaluation are to:
- Establish baselines for both child and adult witnesses for assessment of implementation;
- Assess the monitoring framework for vulnerable witnesses and propose adjustment where necessary;
- Undertake formative evaluation, including identification of factors which facilitate or impede effective implementation and
- Undertake outcome evaluation, including impact on vulnerable witnesses and on court proceedings.
