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What is a vulnerable witness?
To help the most vulnerable witnesses, legislation was passed in the Scottish Parliament in 2004. The Vulnerable Witnesses (Scotland) Act aims to improve the support measures available to help witnesses, who are particularly vulnerable, give the best evidence they possibly can.
The court may consider some witnesses to be particularly vulnerable if the quality of their evidence will be affected by a mental disorder or by the fear or distress relating to giving their evidence.
Mental disorder can mean mental illness or learning disability. Fear or distress can be caused by a number of different things.
If you think that you may be a vulnerable witness, you should discuss this with the person citing you (the procurator fiscal, children's reporter or lawyer in the case). They will discuss your circumstances with you and whether it is appropriate to make an application to the court for you to use special measures.
If the person who is citing you as a witness considers that you may be regarded as a vulnerable witness under the terms of the legislation, they will discuss this with you. They will also explain about the application they will need to submit to the court (the judge or sheriff who is dealing with the case) for you to use special measures.
Their application will need to include details about:
- why you should be considered as a vulnerable witness, including any additional information prepared to support the application;
- your views as to which special measure(s) you would prefer to use; and
- whether this is considered the most appropriate special measure(s) to support you whilst you give your evidence.
The judge or sheriff must be satisfied that you meet the legal criteria to be regarded as a vulnerable witness, and to do this, they will consider all of the information in the application.
If the judge or sheriff agrees that you are vulnerable under the terms of the legislation, they must consider what effect it may have on you if you had to give evidence without using a special measure and whether you may be more able to give your evidence with the benefit of a special measure.
It is the judge or the sheriff who will decide whether to grant permission to allow a witness to use special measures and which special measures may be most appropriate.
You may have been given this booklet to help you understand what each of these special measures are and how they may help you.
Many witnesses will be anxious about giving evidence and some may be identified as vulnerable under the terms of the legislation. However, not every witness will require the benefit of using special measures.
Remember
Whether or not you are using a special measure to help you give your evidence, there are additional support arrangements that can be made for witnesses who may feel vulnerable.
For example, you may be able to enter the court building through a different entrance, or wait to give your evidence in a different room from the other witnesses. It may be possible to request extra comfort breaks to help you when you are giving your evidence, or the court might be closed to members of the public.
Speak to the person who cited you to be a witness. They will discuss your particular circumstances and what might be most helpful to you.
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