Report to the People
13th February 2006

Vulnerable Witnesses  

Criminals, by their very nature, look to prey on the vulnerable.  And the legal system must not make them doubly vulnerable by making it harder for them to get justice.  Criminals can’t be allowed to relax in the knowledge that, if they target a vulnerable individual, their victim won’t, or can’t, give evidence against them in court.

The Vulnerable Witnesses Act, therefore, introduces a range of special measures to make giving evidence easier.  These measures can include screens in court, a live CCTV link, or taking evidence separately from the actual court proceedings, normally before they begin.

At the moment, the new law applies to child witnesses in High Court and Sheriff Court jury trials and Children’s Hearings court procedures.  So how well, I asked the Solicitor General in the Parliament on Thursday, is it working?

Prosecutors, she told me, are sending back positive reports.  A detailed study of the new system’s operation is also being carried out before its extension this spring to adults whose evidence in jury cases is likely to be diminished because they are scared and distressed at the prospect of giving evidence, or because they suffer from a mental disorder.  And, if all goes well, this protection will be extended to more types of case next year.

Holyrood has responsibilities beyond simply passing laws.  We must also ensure that, in practice, they do the job - especially with measures such as these.  The legal system cannot deny justice to those who need it most.

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