News
Scottish Judicial System failing children
Tuesday 5 August 2008
CHILDREN 1ST has criticised the Scottish judicial system in the wake of a new Government report which outlines major gaps in the implementation of the Vulnerable Witnesses (Scotland) Act 2004.
The evaluation report, entitled Turning Up the Volume: The Vulnerable Witnesses (Scotland) Act 2004, found that many children continue to be treated poorly, with some coming face to face with the accused in court, receiving little information or support before giving evidence, and experiencing long delays before the case came to court.
The evaluation further found that a Child Witness Notice - which tells the court whether or not the child witness wants to use special measures - had not been placed for around half of the children giving evidence in court; despite this being a legal requirement.
Special Measures
The Act, which aimed to improve children's experiences of court, gives child witnesses the right to certain 'special measures', which make giving evidence easier and less traumatic; such as using a screen or giving evidence by CCTV.
The evaluation showed that uptake of these measures is increasing, but that improvements are still needed. In particular, not one case has successfully used remote CCTV sites during the evaluation period November 2005-April 2007.
The report also highlighted 'serious limitations to the data collected by the major Scottish justice agencies regarding the number of vulnerable witnesses and the support offered.'
"Children continue to be traumatised"
CHILDREN 1ST chief executive, Anne Houston, is chair of the Scottish Justice for Children alliance, which campaigns for better treatment of children in the court system.
She said: "This report shows that three years on from the Act first being introduced, there are still serious gaps in its implementation."
"Children continue to be traumatised by their experience of giving evidence in court, with many not even aware of the measures available to help them. We call on all those involved in the judicial system, and on the Government, to do more to bring about real change. At the very least, it is time for everyone to make sure that a Child Witness Notice is placed for every child witness in every court - this is a straightforward step that is required by law."
She also highlighted the gaps in statistical information: "Without proper collection of statistics around child witnesses, how can we get an accurate picture to make sure resources and efforts are correctly targeted in the future? The gaps in data collection need to be addressed urgently."
Last updated: Saturday 11 April 2009
