Children's and women's rights charities have praised plans to allow vulnerable people to testify in advance of court cases
Plans to allow vulnerable witnesses to testify by video have been praised by charities.
New legislation which aims to enable the greater use of pre-recording of evidence by child and vulnerable witnesses has been introduced in the Scottish Parliament this week.
The vulnerable witnesses (Scotland) bill would create a new rule that children who are due to give evidence in the most serious criminal cases should have their evidence pre-recorded in advance of trial, with a power to extend the legislation to cover adult witnesses in sexual offence, stalking, domestic abuse and human trafficking cases in solemn proceedings.
And the legislation – which proposes other improvements such as a simplified process for deemed vulnerable witnesses to request giving evidence by video link – has been welcomed by children’s and women’s charities.
Matt Forde, national head of service for NSPCC Scotland, said: “These proposed changes are vital in order to spare young victims of appalling crimes the painful experience of giving evidence in court.
“Currently, children have to publicly relive the most traumatic, upsetting and humiliating experience of their lives in order to receive justice. Causing further harm to victims cannot be in anyone’s interests.
“As well as supporting the move towards pre-recorded evidence, NSPCC Scotland also wants to see better support for young victims of abuse throughout the legal process with therapeutic recovery services available from the start.”
Rape Crisis Scotland said the plans have the potential to transform the criminal justice process for complainers in sexual offence cases.
A spokesperson said: “The prospect of giving evidence in court can deter survivors from reporting and it is vital that every possible step is taken to overcome such barriers and give complainers in sexual offence cases proper and humane consideration so that they can access fully the justice they deserve.
“Rape Crisis Scotland calls on the Scottish Government to give a clear commitment and timescale for extending the provisions in the bill to adult complainers of sexual offences.”
Marsha Scott, chief executive of Scottish Women’s Aid, welcomed the proposals and said the charity is keen to hear further information on how they will be brought forward.
“We have long been supportive of protecting and improving conditions for children who have to appear as witness in court in the context of domestic abuse and other crimes,” she said.
“In relation to domestic abuse, children often have to testify in what can be hugely difficult situations, or their evidence doesn’t get heard at all.
“We are also interested to see how the parliament takes forward the same line for women and other vulnerable witnesses.”
Justice Secretary Michael Matheson said the bill will draw on other improvement for victims and witnesses if it is passed.
He said: “Building on our other improvements for victims and witnesses, this bill is an important step forward, which will mean far fewer vulnerable witnesses have to give evidence in court during criminal trials. As young witnesses often need extra support, we have previously made clear that this reform must focus in the first instance on children.
“This represents a significant change to the law and practice, which justice organisations will need to implement in a managed way in order to achieve our aim of ensuring witnesses can give their best evidence, while protecting the rights of the accused.”
