New Sheriff Court practice note to support expansion of evidence by a commissioner

To support the court process by which evidence can be pre-recorded – known as evidence by a commissioner – the sheriffs principal have produced a national Sheriff Court practice note. 

This sets out clearly the collective judicial expectations for Sheriff Court practitioners and users in these proceedings while embedding good practice across the country. It is underpinned by a “collective commitment to a trauma informed approach and furthers the objective of ensuring that all participants in court proceedings are treated fairly and sensitively”.

In recent years there has been an increase in the number of applications within the Sheriff Court jurisdiction to take the evidence of the most vulnerable in society at a commission hearing rather than at trial. This allows witnesses to give their best evidence in as safe an environment as possible.

Drawing on lessons learnt in the High Court, the practice note gives guidance on:

• when practitioners should consider whether the taking of evidence by a commissioner is required;
• what practitioners must do in preparation for seeking authorisation to take evidence by a commissioner;
• what issues the court will expect practitioners to address in an application in relation to taking evidence by a commissioner;
• what issues the court will expect practitioners to address at the Ground Rules Hearing; and
• what must be done by practitioners in preparation for, during and after an evidence by a commissioner hearing

A copy of the practice note is accessible on the SCTS website

Judicial lead for the expansion of evidence by a commissioner within the Sheriff Courts, Sheriff Principal Gillian Wade KC, said: “The Sheriffs Principal have worked together to produce a comprehensive Practice Note to be followed in Sheriff Courts across Scotland. 

“We have replicated much of what has been tried and tested in the High Court with innovations where necessary to reflect differences in the way Sheriff Court business is programmed and conducted. 

“Each sheriffdom will have dedicated commission suites designed to put the witness at ease and to capture their evidence using state of the art technology. I am most grateful to SCTS colleagues and justice partners for their hard work in ensuring that facilities are available in time for the expansion of the presumption coming into effect.”