Vulnerable Witnesses Bill goes out to views

Holyrood’s Justice Committee today launched its call for evidence into the Scottish Government’s Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill.

The bill seeks to provide vulnerable witnesses and victims of crime with a better experience of the criminal justice system in Scotland. The main change it would bring about is the greater use of pre-recorded statements and evidence for vulnerable witnesses in criminal cases, with an initial focus on child witnesses in the most serious cases.

The committee wants to ensure the bill strikes the right balance between witnesses and the accused. Specifically it would like to hear opinions on issues including:

• Is a new rule necessary when there are already some existing provisions?
• How should a new system to pre-record evidence be rolled out to child and vulnerable witnesses? Should the rollout be staggered?
• What process should be used to give pre-recorded evidence?
• Is it right not to include under-18s accused of a crime in these measures?

Committee convener Margaret Mitchell MSP commented:

“The Justice Committee will be looking for a range of people to give their views on this bill, including young people and those who have experience of similar systems internationally.

“The whole committee would support avoiding retraumatising victims or witnesses – particularly if they are young, or in some other way vulnerable. However, we need to ensure the right balance is struck in the interests of justice.

“A new system to encourage the use of pre-recorded evidence would need to have the confidence of victims, witnesses and the wider legal system. Therefore, it is crucial that issues like what process would be used to give pre-recorded evidence, who it would benefit, and the way in which a new system is rolled out are properly debated in the committee.”

Click here to view the call for evidence. The deadline for responses is 29 August 2018.

The bill and related documents are available here.