10-year-old won't need to face father in court

Crown Office changes its mind about necessity of child making identification

News, 3 May 2006

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A 10-year-old girl will not have to give evidence against her father in an open court after the Crown Office changed its mind about the use of screens to shield her.

The girl is the key prosecution witness in the case due to be heard at Dingwall Sheriff Court next week. The 41-year-old man is alleged to have assaulted the girl's mother.

Because the case has been brought under summary procedure, the Vulnerable Witnesses (Scotland) Act 2004 does not yet provide an automatic right to special measures such as video links or screens for a child witness giving evidence. Such rights already exist in jury cases.

The procurator fiscal Roderick Urquhart had said the girl needed to make the identification as the key prosecution witness, and that the court did not have the facility to offer special measures. This stance was criticised by the children's mother and children's groups, and yesterday the Crown Office said that further information had come to light that might allow an application for screening to be used.

It is believed that the fiscal will ask the accused's lawyers to accept his identity in court and, if they refuse, screens will be used for the girl to give evidence.

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