Current status: Answered by Kenny MacAskill on 27 May 2008
To ask the Scottish Executive how many of the standard or special measures introduced by the Vulnerable Witnesses (Scotland) Act 2004 were used in (a) 2005, (b) 2006 and (c) 2007, broken down by type of (i) measure and (ii) case.
The Scottish Government together with key partners are reviewing the methods for the collection of information on vulnerable witnesses following the completion of the implementation of the Vulnerable Witnesses (Scotland) Act 2004. I refer the member to the answer to question S3W-13016 on 27 May 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.
The Scottish Court Service (SCS) has been developing its recording of information on the numbers of applications for special measures since the beginning of the phased implementation of the 2004 act in April 2005. Figures for special measures actually used are not available, but since many cases involving applications for special measures do not proceed to trial they will be less than the numbers of applications made.
SCS records show that in the sheriff court in 2005, 55 children had applications granted for live television links and 119 applications granted for screens. Between January and September 2006 these figures stood at 99 and 111 respectively. From October 2006 the SCS put in place revised returns to collect details of defence and Scottish Children''s Reporter Administration applications. The figures were as follows:
Children''s Hearing Court Proceedings - October 2006 to March 2007
| Measures | Applications Granted Children | Applications Granted Adults |
| Live TV Link | 16 |
|
| Screens | 15 |
|
| Use of Supporter | 7 |
|
| Use of Prior Statements |
|
|
| Evidence by Commissioner |
|
|
| None |
|
|
| Totals | 38 | 0 |
There are no records of applications being tendered by the Defence in this period.
From April 2007 the Sheriff Courts were asked to include figures on Crown Office and Procurator Fiscal Service (COPFS) applications and the returns are as follows:
Applications by the COPFS (Sheriff Courts) - April 2007 to December 2007
| Measures | Applications Granted Children | Applications Granted Adults |
| Live TV Link | 204 | 14 |
| Screens | 495 | 29 |
| Use of Supporter | 458 | 12 |
| Use of Prior Statements |
1 |
|
| Evidence by Commissioner |
|
|
| None | 68 |
|
| Totals | 1226 | 57 |
Applications by the Defence (Sheriff Courts) - April 2007 to December 2007
| Measures | Applications Granted Children | Applications Granted Adults |
| Live TV Link | 11 | 2 |
| Screens | 5 | 3 |
| Use of Supporter | 10 | 2 |
| Use of Prior Statements |
|
|
| Evidence by Commissioner |
|
|
| None | 13 | 1 |
| Totals | 39 | 8 |
Applications relating to Children''s Hearing Court Proceedings - April 2007 to December 2007
| Measures | Applications Granted Children | Applications Granted Adults |
| Live TV Link | 5 |
|
| Screens | 10 |
|
| Use of Supporter | 13 |
|
| Use of Prior Statements | 5 |
|
| Evidence by Commissioner |
|
|
| None | 1 |
|
| Totals | 34 | 0 |
The SCS has compiled figures for High Court applications in 2007 as follows:
Applications by the COPFS
| Measures | Applications Granted |
|
|
|
| Live TV Link | 163 |
| Screens | 152 |
| Use of Supporter | 345 |
| Use of Prior Statements | 0 |
| Evidence by Commissioner | 1 |
| None | 47 |
| Total | 708 |
Applications by the Defence
| Measures | Applications Granted |
| Live TV Link | 0 |
| Screens | 0 |
| Use of Supporter | 3 |
| Use of Prior Statements | 0 |
| Evidence by Commissioner | 0 |
| None | 0 |
| Total | 3 |
It has not been possible to differentiate between those applications involving children and adults in the time available.