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).
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.”
Mary Glasgow, Chief Executive, Children 1st said: “Children have told us that they found giving evidence in court almost as traumatic as the abuse itself. This Act means more children will now be able to give pre-recorded evidence in an environment more suitable to their needs.
“It also reduces the time children wait to give evidence and means they will not have to face the accused.
“During discussions about the new law the Scottish Government made clear that in future children should get justice, care and support to recover through the Scandinavian Barnahus, or Child’s House, model. Greater use of pre-recording will help us establish how best to bring all the different services a child might need, including the evidential interview, together under one roof.”
Members of the Scottish Parliament’s Justice Committee are set to visit new evidence-taking facilities as the Vulnerable Witnesses Act comes into force today.
The new suite, which opened towards the end of last year, aims to provide a less daunting setting than a court for vulnerable witnesses and complainers to give evidence in. This will play an important part in meeting the aim of the Act, which is to increase the use of pre-recorded evidence from children and other vulnerable witnesses.
The Committee scrutinised the proposals for the changes, which were brought forward by the Scottish Government, in late 2018 and early 2019. At that time, the Committee called on the Government to go further than it was proposing, and fully adopt the Scandinavian Barnahus (or Children’s House) principles into Scots law, adapting it to the Scottish context. This followed a visit to the Barnahus in Oslo, and significant evidence gathering on the subject.
Barnahus principles include reducing the amount of interviews a child has to go through if they are a witness or complainer in a case – ideally to just one forensic interview; and for evidence to be taken in as child-friendly a setting as possible.
This includes not only the décor and surroundings, but also providing wrap-around support from different agencies provided in one place to help a child deal with any linked traumas or health issues that also need attention, while supporting them to give the best evidence possible.
During the passage of the Bill, the Scottish Government committed to introducing a Scottish version of the Barnahus concept as its ‘intended destination’, with this new law being an important step in that direction.
The entry into force of the Vulnerable Witnesses Act today will expand the number of people able to benefit from the support made available to vulnerable witnesses, including through the new evidence suite in Glasgow.
Speaking ahead of the visit, Committee Convener, Margaret Mitchell MSP, said: “These facilities are an important first step towards realising the Committee’s vision of a Scottish version of the Barnahus model, and Members are looking forward to seeing them first hand.
“We recognise the potential stress caused by giving evidence, and we want to ensure steps are taken to avoid children being retraumatised by the court processes.
“On our visit to Oslo, we were struck by how the Barnahus provided wrap-around support. Members therefore welcome the Scottish Government’s ongoing work to introduce a similar approach for child victims and witnesses in Scotland.
“Today is a milestone in the move towards a new way to support victims and witnesses giving evidence. The Committee is pleased to be able to be here at these new facilities in Glasgow to mark this important occasion.”
Joanna Barrett, NSPCC Scotland policy and public affairs manager, said: “This legislation should transform the experience of children who are required to give evidence in court for serious criminal cases, which can be extremely traumatic.
“However, this is just one aspect of responding to the needs of children who have experienced violence or abuse. We need to ensure we make their access to recovery services as much of a priority as achieving justice.”
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