Vulnerable Witnesses Act - section 9: report

This report meets obligations on Scottish Ministers by the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 to publish a report evaluating the effectiveness of the Act at supporting witnesses to participate in the criminal justice system and to set out next steps for implementation.


Annex 3 - Vulnerable Witnesses Act Implementation Plan

Phase 1

From: January 2020

High Court: Child witnesses (both complainers and witnesses) aged under 18 in High Court cases that involve all charges specified on the list of offences within the Bill.

Phase 2

From: January 2021 –June 2021

High Court: 6 month period of evaluation of operation of provisions in the High Court.

Phase 3

From: July 2021[13]

Sheriff Court (Solemn cases only): Child complainers aged under 16 in Sheriff & Jury cases that involve a charge(s) specified in the list of offences in the Bill.

Phase 4

From: July 2022-December 2022

Sheriff Court (Solemn cases only):

6 month period of evaluation of provisions for above.

Phase 5

From: TBC (Date dependent on evaluation of provisions that have been commenced)

Sheriff Court (Solemn cases only): Child complainers and witnesses under 16 in Sheriff and Jury cases that involve a charge(s) specified in the list of offences in the Bill

Phase 6

From: TBC (Date will be dependent on ongoing evaluation of provisions that have been commenced)

Sheriff Court (Solemn cases only): Child witnesses aged 16 & 17 in Sheriff & Jury cases that involve a charge(s) specified on the list of offences in the Bill

Phase 7

From: TBC (Date will be dependent on ongoing evaluation of provisions that have been commenced)

High Court: Deemed vulnerable adult witnesses in High Court sexual offence cases (i.e. complainers in offences listed in paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003)

Phase 8

From: TBC (Date will be dependent on ongoing evaluation of provisions that have been commenced)

High Court: All remaining deemed vulnerable adult witnesses in High Court cases (i.e. complainers in human trafficking, stalking and domestically aggravated offences)

Contact

Email: prerecordedevidence@gov.scot

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