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Last Updated: Friday, 5 March, 2004, 08:27 GMT
Witness bill wins MSPs' support
Child witness
More use would be made of video links
A bill giving vulnerable witnesses the right to give evidence from behind a screen or through a video link has been unanimously approved by MSPs.

The proposals apply to children under 16, adults with mental disorders and people in a state of fear.

Charities had called on MSPs to amend the Vulnerable Witnesses Bill to allow children to be cross-examined by an intermediary rather than a lawyer.

Ministers promised to examine pilot schemes in England and Wales.

The issue was raised at Holyrood by Green MSP Patrick Harvie.

Deputy Justice Minister Hugh Henry said: "It would be a major step to introduce a procedure which prevents the legal representative for a party directly questioning a witness, and because of that it requires very detailed consideration.

This bill is another significant step forward in putting the needs of victims and witnesses at the heart of the justice system
Cathy Jamieson
Justice Minister
"We are not ruling out the possibility of introducing intermediaries as a special measure in future but we do want to wait and see how it works."

The Law Society of Scotland said a lawyer must be able to question the witness directly to test the evidence.

The legislation means that, as a general rule, no child under 12 will have to attend court to give evidence in cases involving sexual or violent matters - except in the most exceptional cases.

Vulnerable witnesses can also have a "supporter" present with them while giving evidence.

The bill creates an automatic right for the use of screens and video links, which are already allowed in some cases.

The Scottish National Party and the Conservatives had argued that the accused should be able to object to someone being classified a "vulnerable witness".

'Sensitivity and respect'

However, the Scottish Executive said this would lead to unnecessary delays and the call was voted down by 64 votes to 33.

Justice Minister Cathy Jamieson said: "Witnesses are an essential part of our justice system and we must ensure that they are treated with the sensitivity and the respect that they deserve.

"This bill is another significant step forward in putting the needs of victims and witnesses at the heart of the justice system."

She argued that the legislation struck the right balance between protecting the rights of the accused and ensuring the court could hear the "best available" evidence.

More radical reform is needed if children are to be able to give their best evidence and help a court reach the correct outcome for every crime
Margaret McKay
Children 1st
Before the debate Justice for Children, a partnership of 60 children's organisations, urged MSPs to be "brave enough" to make more radical changes to the law.

The charities called for a number of amendments to the bill, including the introduction of intermediaries who would relay the questions asked in court to the child in words that they could understand.

A similar system was introduced in South Africa 10 years ago.

Margaret McKay, chief executive of Children 1st, said the bill would soften the blow but not transform the experiences of child witnesses.

"More radical reform is needed if children are to be able to give their best evidence and help a court reach the correct outcome for every crime," she said.

"We know, from the experiences of other countries, that change, however difficult, is always possible where it is really needed."


WATCH AND LISTEN
BBC Scotland's Fiona Walker
"Many courts don't have the facilities in place"



SEE ALSO:
Witness support plans examined
31 Jan 04  |  Scotland
Concern triggers witness pledge
02 Dec 03  |  Scotland
Witness plan funding concerns
13 Nov 03  |  Scotland
Child witness protection outlined
23 Sep 03  |  Scotland
Witness protection moves proposed
24 Jun 03  |  Scotland
Protection for young witnesses
27 Feb 03  |  Scotland


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