Vulnerable Witnesses Act

Monday January 20th, 2020

New legislation ensuring that any child witness in the most serious criminal cases will have their evidence pre-recorded comes into force today (20 January 2020).Law and Justice

The change, which will apply to certain cases in the High Court, will spare under 18s the potential trauma of giving evidence during a trial. The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act was passed unanimously in May 2019.

It has been backed by over £3 million criminal justice sector funding since the Vulnerable Witnesses legislation was introduced to Parliament in 2018. This investment is supporting the greater use of pre-recording of evidence and the building of modern facilities to enable evidence to be taken in a safe and secure environment.

Justice Secretary Humza Yousaf and Lady Dorrian, the Lord Justice Clerk, officially opened a new Scottish Courts and Tribunals Service evidence and hearings suite in Glasgow in November 2019 and similar facilities are planned in Edinburgh, Inverness and Aberdeen.

Mr Yousaf said:

“Today marks a significant milestone in Scotland’s journey to protect children as they interact with the justice system, and a key part of our wider work to strengthen support for victims and witnesses.

“Children who have witnessed the most traumatic crimes must be able to start on the path to recovery at the earliest possible stage and these changes will allow that, improving the experiences of the most vulnerable child witnesses, as far fewer will have to give evidence in front of a jury.

“Legislation is only one part of the jigsaw, backed by the development of modern, progressive and technologically advanced facilities to ensure children are supported to give their best evidence.”

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