‘Radical new vision’ for treatment of children and vulnerable witnesses in court system

Eric McQueen

The Scottish Court and Tribunals Service (SCTS) has published a report that describes a “radical new vision” for 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 – the current system where a child or vulnerable 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.
  • The chair of the working group, the Lord Justice Clerk, Lady Dorrian, said: “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.”

    Chief Executive of the SCTS, Eric McQueen, said: “The Evidence and Procedure Review has, over the past three years, shone a light on the need to transform the way in which we take the evidence of children and vulnerable witnesses.

    “This report sets out an ambitious and radical vision for the future which we intend will inform the debate and development of policy, and will contribute to enhanced justice for everyone.”

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