Bills/Vulnerable Witnesses (Criminal Evidence) (Scotla

SP Bill 34

Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill

Full BillStage 3
Type: Government
Michael

Scottish National Party

# Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill Scottish criminal justice has long recognised that certain witnesses—particularly children and those who have experienced trauma—face significant difficulties giving evidence in court. Traditional courtroom procedures, with their formal setting, confrontational cross-examination, and requirement to face the accused, can be particularly distressing for vulnerable individuals and may actually impede the administration of justice by preventing truthful evidence from being heard. This bill addresses those concerns by updating and expanding the legal framework for protecting vulnerable witnesses in criminal proceedings, ensuring that the justice system can accommodate the needs of those who may be traumatised or intimidated by the conventional trial process. The legislation introduces and refines special measures that allow vulnerable witnesses to give evidence in ways that reduce their distress and improve the quality of their testimony. These measures include the use of screens to shield witnesses from seeing the accused, live television links enabling witnesses to testify from outside the courtroom, the presence of a support person during evidence, and the use of prior recorded statements. The bill expands the definition of who qualifies as a vulnerable witness and may streamline the procedures for granting these protections. By providing these alternative arrangements, the act seeks to balance the rights of the accused to a fair trial with the need to protect vulnerable witnesses and ensure that their evidence can be heard effectively in pursuing justice for victims of crime.

AI-generated summary

Parliamentary Progress

Introduced

12 June 2018

Stage 1

5 February 2019

Stage 2

12 March 2019

Stage 3

9 May 2019

Debate

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