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Chamber and committees

Question reference: S6W-05433

  • Asked by: Carol Mochan, MSP for South Scotland, Scottish Labour
  • Date lodged: 24 December 2021
  • Current status: Answered by Keith Brown on 10 January 2022

Question

To ask the Scottish Government what protections are in place for child witnesses in the judicial system.


Answer

A number of measures are in place to ensure child witnesses are protected within our justice system. For example, the court can take extra steps, called 'special measures', to help children and young people under 18 give the best evidence they can. Children who are witnesses in criminal courts are automatically entitled to special measures including a screen in the courtroom; a TV link to somewhere outside the courtroom; and a supporter who can sit with the witness while they give evidence. Other measures are available on application to the court. Further information on the support available to witnesses can be found at Help and support - mygov.scot . All criminal justice cases with child witnesses are referred to the Crown Office and Procurator Fiscal Service Victim Information and Advice (VIA) service. VIA can provide information about the criminal justice system and key developments in the case affecting the witness, discuss any additional support that the witness may require to give evidence and help them make contact with appropriate support organisations.

In addition, from January 2020 Regulations have been in place to ensure that any child witness under the age of 18 giving evidence in the most serious criminal cases in the High Court, will be allowed to have it pre-recorded, sparing them the trauma of giving evidence during a trial, unless it is shown that this would significantly prejudice the interests of justice in the individual case. Last year, the Scottish Government also funded the commencement of the national roll out of a ground-breaking approach to interviews for vulnerable child victims and witnesses in criminal cases. The new Scottish Child Interview Model for Joint Investigative Interviews, conducted by highly trained police officers and social work staff, will deliver an interview process that secures the child’s best evidence at the earliest opportunity and minimises the risk of further traumatisation.