Leading vulnerable adults
4 May 06
Reminder that protection for adult vulnerable witnesses is now in force in criminal and children's hearing cases; information booklets have been published
Phase 2 of the implementation of the Vulnerable Witnesses (Scotland) Act 2004 came into effect on 1 April 2006. Practitioners should be aware that the definition of "vulnerability" under the Act can extend to an accused person giving evidence as well as Crown and defence witnesses. Solicitors are reminded of their professional obligations in terms of the Act. If more information is required, you should consult the flowchart available on the Society's website at: http://www.lawscot.org.uk, or the section of the Scottish Executive's website dealing with vulnerable witnesses (www.scotland.gov.uk).
Two information booklets for adul;t vulnerable witnesses have been produced to accompany the inmplementation of phase 2. Separate booklets are already available for witnesses under 16 and their parents.
"A booklet for adult witnesses - Going to Court", and "A booklet for adult witnesses - The Use of Special Measures" each apply to criminal proceedings and children's hearing court proceedings. They can be obtained from Isobel Gifford (e: Isobel.Gifford@scotland.gsi.gov.uk; t: 0131 244 2213). They are also available, on request, in Arabic, Bengali, Chinese, Gaelic, Hindi, Punjabi, Urdu and Polish.
As adult witnesses are not automatically entitled to use special measures, it is essential that practitioners working with adult witnesses do not raise expectations unnecessarily as this could cause additional avoidable stress if the court ultimately decides not to grant the application for the use of special measures.