Laws preventing trauma to under 18s now in effect

New legislation ensuring that any child witness in the most serious criminal cases will have their evidence pre-recorded comes into force today (January 20).

Jan 20, 2020
By Website Editor
Justice Secretary Humza Yousaf

The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act, which was passed in May 2019 and will apply to certain cases in the High Court, will spare under-18s the potential trauma of giving evidence during a trial.

Child witnesses in cases heard before a jury will record their evidence in advance of trial for a list of offences, including murder, culpable homicide, assault to the danger of life, abduction, plagium, sexual offences, human trafficking, domestic abuse and female genital mutilation.

The Scottish Executive has supported the law’s introduction with £3 million to fund pre-recording of evidence and the building of modern facilities to enable evidence to be taken in a safe and secure environment.

A new Scottish Courts and Tribunals Service evidence and hearings suite was opened in Glasgow in November 2019 and similar facilities are planned in Edinburgh, Inverness and Aberdeen.

Justice Secretary Humza 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 of the Scottish charity 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.”

The new laws will apply to cases for which the accused first appears on petition on or after January 20, 2020. When the accused does not appear on petition, it will apply to cases in which an indictment is served on or after October 20, 2020.

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