To ask the Scottish Executive what guidance it issues to ensure the independence and impartiality of witness statements.
Guidance is not issued directly by the Scottish Government, since these are operational matters for the police, other reporting agencies who prepare witness statements and prosecutors.
Detailed guidance for police officers entitled Disclosure in Criminal Proceedings “ Manual of Guidance has been prepared by the Association of Chief Police Officers in Scotland (ACPOS) in consultation with the Crown Office and Procurator Fiscal Service. This material is publicly available and can be found at:
http://www.acpos.police.uk/Documents/Policies/CJ_ACPOSDisclosure_in_CriminalProceedingsManual_of_GuidanceV2NPM.pdf
Chapter nine of the guidance deals specifically with witness statements. It is clear in stating the importance of obtaining statements from all witnesses and the requirement to accurately record, retain and review this information before revealing it to the Crown. A training package devised by ACPOS which emphasises the importance of accurate statement taking by police officers has now been delivered to all police officers in Scotland.
The Criminal Justice and Licensing (Scotland) Act 2010 will place current disclosure practices on a statutory footing. Section 164 of the Act will require the Lord Advocate to issue a code of practice in relation to that part of the act. This is currently under development and will be laid before the Parliament. The code will include guidance on the taking of statements. The police, prosecutors and other reporting agencies that engage in the investigation of crime and sudden deaths and submit reports to Procurators Fiscal, must have regard to the code of practice in undertaking their functions.
In addition section 54 of the 2010 Act permits the prosecutor to give a witness a copy of their statement, which will provide a further safeguard in ensuring accuracy.