Supporting vulnerable witnesses

Investment in specialist evidence suites to reduce trauma

More child and vulnerable adult witnesses involved in serious criminal trials will have access to specialist suites to pre-record evidence, away from the courtroom, following a further £2 million investment from the Scottish Government.

The funding means dedicated facilities – known as Evidence by Commissioner (EBC) suites – will be established in areas covered by two sheriffdoms which don’t currently have their own designated facilities.

The suites create safe, managed, trauma-informed environments where witnesses are supported to provide their best evidence as early as possible. Evidence shows that allowing children and vulnerable witnesses to pre-record evidence reduces stress and the risk of re-traumatisation.

The two new suites will cover the North Strathclyde and South Strathclyde, Dumfries & Galloway Sheriffdoms.

They will add to the Scottish Court and Tribunal Service’s (SCTS) four existing bespoke EBC suites (located in Aberdeen, Edinburgh, Glasgow and Inverness), and a fifth one due to open in Dundee this summer – meaning there will be country-wide provision by April 2026.

The total investment from Government for the existing suites and the two new facilities being established is more than £4 million. Hundreds of children and vulnerable adult witnesses have already benefitted from using the suites and the additional funding means many more will get access to such facilities.

The Scottish Government is also providing a further £500,000 to Victim Support Scotland to develop access to their remote evidence suites in Edinburgh, increasing the support they already provide to victims and witnesses of crime in their suite in Glasgow.

Speaking on a visit to Victim Support Scotland’s remote evidence suite in Glasgow, Justice Secretary Angela Constance said: “This significant investment in our court estate means that children and those who have been victims of some of the most traumatic crimes are supported to give their best evidence as early as possible in the process, and in advance of trial.

“Vulnerable witnesses across the country will have access to specialist, modern and purpose-built suites to pre-record their evidence, helping to reduce the risk of re-traumatisation. This, and other support available, will help victims and witnesses to start on the path to recovery at the earliest possible stage.

“Putting victims and witnesses at the heart of the justice system is part of our Vision for Justice. The EBC suites, along with landmark reforms proposed in the Victims, Witnesses and Justice Reform Bill, which Parliament is considering at Stage 1 this week, will build a trauma-informed justice system that victims and witnesses can have confidence in.”

Danielle McLaughlin, The Scottish Courts and Tribunals Service’s Head of Implementation said: “The judicially led Evidence and Procedure Review, supported by the SCTS, made clear the importance of taking a new approach to ensuring children and vulnerable adult witnesses can give the best quality of evidence as early as possible, while minimising further trauma.

“Today’s announcement, confirming the next steps in the implementation of a statutory pre-recorded evidence presumption is a key step in ensuring that vision.

“An essential part in minimising trauma when giving evidence is by securing and using the best environment available. SCTS is committed to the further development and expansion of trauma informed evidence by commission facilities across a wider geographical reach.

“We welcome this additional £2 million funding which will help us to take the next initial steps to create additional commission facilities ensuring that we have at least one commission facility within the geographical reach of each sheriffdom.”  

Kate Wallace, Chief Executive of Victim Support Scotland, welcomed the extra £500,000 funding for its remote evidence facilities. She said: “We at Victim Support Scotland are entirely committed to supporting victims and witnesses to give their best evidence.

“Victims consistently tell us about the traumatic impact of giving evidence, including the anxiety of attending an often-intimidating court building. Being able to give evidence in a location different to the court, known as remote evidence, can help reduce this dramatically.

“This welcome funding from the Scottish Government will allow us to extend remote evidence suites to our new office facility in Edinburgh to complement the remote evidence suites at our Glasgow offices.

“We’re delighted to be able to embrace available technology to offer more choice and control to victims and witnesses.”

Holyrood’s Criminal Justice Committee begins work with visits to Courts and HMP Edinburgh

While the new session of the Scottish Parliament gets underway this week, MSPs on the Scottish Parliament’s Criminal Justice Committee have been quick off the mark. Last Thursday members visited the Scottish Courts and Tribunals Service (SCTS) and HMP Edinburgh.

The Committee heard how Scottish courts have adapted to COVID and how they see the recovery progressing, including plans to clear the backlog of almost 50,000 trials.

The SCTS visit included a demonstration of courtroom facilities and links to remote jury centres, and meetings with the Lord President, Rt Hon Lord Carloway, Scotland’s most senior judge, and SCTS Chief Executive, Eric McQueen.

At HMP Edinburgh, MSPs focused on:
• facilities offered to prisoners, including those with more complex health or disability issues,
• new arrivals to prison,
• dealing with serious organised crime groups and violence in prisons, and
• parole, education, rehabilitation and ‘Throughcare’ for those leaving prison.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “The new Criminal Justice Committee is currently on a mission to listen and learn about the priorities of those working in the justice sector.

“Courts and prisons are a cornerstone of justice in Scotland, and I know Members will appreciate the views of everyone we meet today – from the prisoners in HMP Edinburgh to the Lord President, our most senior judge.

“We will use September to hear from others with frontline experience and expertise. This knowledge will shape where we focus our attention in the months ahead.”

The Committee has agreed that its first meetings will hear from a wide range of Criminal Justice sector stakeholders, as well as hearing what the Scottish Government’s priorities are in this area.

This is expected to include updates around the role of the Lord Advocate within the prosecution system and government, the future of Scotland’s three-verdict system and the wider sector’s recovery from COVID-19.

Details of initial September work programme:

• Morning of Wednesday 1 September – evidence session with Cabinet Secretary for Justice and Minister for Community Safety on the Scottish Government’s justice and policing priorities for session 6,
• Morning of Wednesday 8 September – roundtable with a range of witnesses on the ongoing impact of COVID-19 on the justice sector,
• Morning of Wednesday 15 September – two roundtables:
1) Priorities for prisons and prison policy in session 6, and
2) Priorities for youth offending, community justice and alternatives to prisons in session 6,
• Morning of Wednesday 22nd September – two roundtables:
1) Priorities for domestic abuse, gendered-violence and sexual offences in session 6, and
2) Victim support and victims’ rights,
• Morning of Wednesday 29 September – roundtable on reform of legal aid.

Subject to agreement, a further roundtable on the misuse of drugs is also planned.