witness statement scotland

They can be important, especially if they support part of the statement or explain where the information in it comes from. **Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. The Joint Protocol was revised in 2017 and continues to focus on providing best practice and consistency of approach to improve victims and witness engagement and support.. 110. Statements and evidence given by survivors to the Scottish Child Abuse Inquiry. 85. We use this information to make the website work as well as possible and improve our services. The position on statements or evidence previously given to the Inquiry is the same as set out in paragraphs 62-67 above. The evidence required to support a redress application is different to that required to support an action in the civil courts or a prosecution in the criminal courts. 96. Notwithstanding these general requirements, there may be circumstances where one or more of the above is not submitted by the applicant, further guidance on this is set out below. 108. A delay could lead to the court dismissing the application. Witnesses cited to appear for a High Court or Sheriff Court Solemn trial should continue to do so. Applications for relief from sanctions must be made as soon as possible. [16] Witness statements that are served on the defendant must be sent to the address provided, if any. 47. out of court settlements (as above, these will generally be from care providers or local authorities), payments from the Criminal Injuries Compensation Authority (. Redress Scotland may request the Scottish Government to seek the agreement of the applicant for the commissioning of a report, such as a psychological assessment, under section 83 of the Act. You may have to provide proof of your identity. On the grant of an underlease, mortgagees consent in respect of any mortgage over. The translator must sign the original statement and certify that the translation is accurate. Section 87 of the Act sets out the responsibility of Redress Scotland and its members, the Scottish Ministers, their respective staff and others, to ensure confidentiality when handling information related to the redress scheme which is not otherwise in the public domain. This information is important to assist Redress Scotland to be satisfied that the application relates to abuse that occurred whilst the applicant was resident in relevant care settings. This is a suggested outline for a written witness statement thats going to be exchanged with the other side and provided to the tribunal or precognition thats for your own preparation. Where this has not been possible, and supporting documents for some but not all relevant care settings to which the application relates have been submitted, Redress Scotland may ask case workers to seek further information from the applicant as to why (see paragraphs 55-58 below). Redress Scotland must determine whether, on the balance of probabilities, the applicant is eligible for the type of redress payment sought. WebIf the witness statement refers to any document as an exhibit, a copy of the document should be served at the same time as the statement. Craig has been involved in a number of cases which have developed Scots criminal law since calling to the bar, including all but one of the full bench appellate cases to have been argued in Scotland in that time. The court can make an order giving directions to the claimant and defendant as part of its case management powers. 38. 77. Protocol on access to information - A guide for victims and witnesses (DOC) Further information on this can be found in the payment of legal fees guidance. However, it will be the applicant's choice as to whether the application is complete enough to be sent to Redress Scotland. This is likely be the result of an application being made by either party for an order from the tribunal requesting that witness statements are exchanged between the parties. Working Together for Victims and Witnesses, Application For Access to Information Under Section 6 of the Victims and Witnesses (Scotland) Act 2014, Access to Information Protocol - A Guide for Victims and Witnesses (MS Word Document), Standards of Service for Victims and Witnesses. This will usually be by the special measure 'evidence by commissioner'. Case workers will seek to verify supporting documents submitted. a person who has given a statement to a police officer or to a prosecutor about the offence or the alleged offence. Verifying other documents submitted in relation to previous payments (e.g. Applicants must submit with their application such information and evidence as the Scottish Ministers require (section 29(1)(e) of the Act). In exceptional circumstances, Redress Scotland may use its discretion as to whether the panel can be satisfied that the applicant was resident in a relevant care setting as a child without the production of supporting documents, or where case workers have been unable to verify the documents submitted. MyGov.scot, Further advice for Victims and Witnesses, The Victims and Witnesses (Scotland) Act 2014. the victim of the offence or the alleged offence. 41. 1. Once Redress Scotland has received the application and supporting documents, they may wish to request that the applicant provides further information in relation to the application. This Part contains rules about the content of statements by witnesses and about objecting to the use of written witness statements as evidence. The witness statement must be written in the first person, in the witness' own words. Visit 'Set cookie preferences' to control specific cookies. evidence of a criminal conviction in relation to the abuse against the applicant. The witness is questioned by both the prosecution and the defence in a way that they can understand. Ben Quinn and Jim Waterson. The same rules about service of claims apply to witness statements. Resources for advice professionals from the experts. For further information, see: Introduction: Stair Memorial Encyclopaedia [229]. 37. Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF) The protocol also contains styles of request form which may be used. Section 36(1) of the Act sets out the standard of proof against which an applicant's eligibility for a redress payment will be determined. It contains a sworn statement from the witness about the accuracy of the contents. 75. Become a police officer and help keep Scotland safe. In some circumstances, Redress Scotland may wish to invite the applicant to make oral representations. We may terminate this trial at any time or decide not to give a trial, for any reason. Applicants are required to provide evidence of identity by providing a certified copy of one of these documents: 40. [13], Service by email is only allowed if the parties have already agreed to it.[14]. Redress Scotland may also use its discretion where, in an application for an Individually Assessed Payment, supporting documents have been produced for some but not all of the relevant care settings to which the application relates. 97. In determining applications for redress, Redress Scotland may request additional information or evidence. It contains a sworn statement from the witness about the accuracy of the contents. Witness statements, under the common law of Scotland, could always be used in evidence when the original statement differs from the evidence a witness gives in court. He is noted for his approachable style and knowledge of Scots criminal law and procedure. More information can be found in the. The court dealing with the case may provide instructions for what to do if this is the case. It usually takes place in a suitable room in a court building such as a witness room. We will also highlight those we assess to be vulnerable to COPFS which will ensure their needs are addressed when they attend Court. 82. A joint protocol has been agreed by Police Scotland, COPFS and SCTS and can be downloaded below. Witnesses cited to attend either the Sheriff Court for a summary trial or the Justice of the Peace Court for a summary trial, should not attend unless they are contacted directly by the Crown office and Procurator Fiscal Service (COPFS). 72. The redress scheme has been designed to support applicants throughout these challenges. experience. The practice is used most often for vulnerable or child witnesses. The kind of information needed to accompany an application for redress may come from diverse sources. In the first paragraph the witness must state: their occupation (including retired, unemployed), whether they are a party to the court proceedings, or an employee of a party, the process by which the statement has been prepared, whether the statement was made with the help of an interpreter[8]. the information provided in or with the completed application submitted to Redress Scotland; any further information requested by and provided to Redress Scotland; and. payments from the Advance Payment scheme, If applicable, that an element of the payment related to legal fees or other costs incurred in relation to obtaining that payment and therefore should not be deducted from any redress payment offered (evidence of this could include a copy of an invoice or letter from the solicitor); and. Tell the police, a court official or whoever cited you right away about any intimidation before or during a court case. Under the plans, a typical primary school will receive approximately 35,000 and a typical secondary school 200,000. Examples include (but are not limited to): 44. History of the judiciary in England and Wales, Judiciary and Data Protection: privacy notice, Health, Education and Social Care Chamber, Upper Tribunal Administrative Appeals Chamber, Upper Tribunal Immigration and Asylum Chamber, War Pensions and Armed Forces Compensation Chamber, PH Agenda for Equality Act claim (claimant), Agenda Completion Guidance for Equality Act Claim (claimant), PH Agenda for Equality Act claim (respondent), Agenda Completion Guidance for Equality Act claims (respondent), PH Agenda for Public Interest Disclosure Claim (claimant), Agenda Completion Guidance for Public Interest Disclosure Claim (claimant), PH Agenda for Public Interest Disclosure Claim (respondent), Agenda Completion Guidance for Public Interest Disclosure Claim (respondent), PH agenda for Equality Act AND Public interest disclosure claim (claimant), Agenda Completion Guidance for Equality Act and Public Interest Disclosure claims (claimant), PH Agenda for Equality Act and Public Interest Disclosure claim (respondent), Agenda Completion Guidance for Equality Act and Public Interest Disclosure Claims (respondent), Practice Direction in connection with the use of witness statements, Presidential Practice Direction Electronic Signatures, Practice Direction: Fixing and Conduct of Remote Hearings, Presidential Practice Direction (Scotland): Presentation of Claims, Employment Tribunals (Scotland) Direction of the President: Holiday Pay Direction, Presidential Practice Direction (Scotland) Addresses for serving documents in special cases, Employment Tribunals (Scotland) Practice Direction No. A common way of referencing and labelling exhibits is to use the initials of the witness followed by a numeral, for example AB1, AB2. For example if forensic examinations or cybercrime enquiries are involved. 107. Generally speaking, it is not common practice for parties to exchange written witness statements prior to a tribunal hearing. It does not apply to statements from expert witnesses. Further information on the eligibility criteria of the redress scheme can be found in the eligibility guidance. 91. such as those establishing the extent that the payment related to legal fees incurred and therefore should not be deducted from the redress payment). 74. blanked out). Road Policing officers in Perth are appealing for witnesses following a fatal crash on the B954 between Alyth and Meigle. The police will decide if: you can go home until your first court hearing you can agree to follow certain rules, known as an 'undertaking'. The court applies a three-stage test to decide whether to grant the application.[28]. That risk needs to be assessed but it is not for the Scottish Ministers to assess it; or. However, where an applicant has not waived their anonymity in Inquiry proceedings, the statement or transcript of evidence published by the Inquiry, will not be in their name as that too will be redacted. In relation to applications for Fixed Rate Payments, one record demonstrating residence in a relevant care setting before 1 December 2004 while the applicant was a child, is to be considered sufficient by Redress Scotland. A protocol (below) has been drawn up by Police Scotland, the Scottish Courts and Tribunals Service (SCTS) and the Crown Office and Procurator Fiscal Service (COPFS), as a guide for persons who wish information, to decide which organisation to ask, how to ask and what information you may be given. This is more likely to happen where there is a substantial dispute and the matter is being listed for a trial. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. Criminal convictions relating to abuse occurring within the care setting; Findings of liability within previous civil cases relating to abuse occurring within the care setting; Relevant findings published by the Scottish Child Abuse Inquiry in relation to the care setting; Relevant inspection reports or other records noting concerns regarding the care setting. If you are a relative of a victim who has died you may be able to ask for information where the victims death has been, or may have been, caused by the offence or alleged offence. Standards of Service (PDF) This will help you prepare your questions for the witness to enable them to give their evidence in chief at the hearing. Mon - Fri 08:00 - 20:00 CONTINUE READING I, Any Tenant, a retired joiner residing at 1 Any Street and the defendant in this matter, will say as follows. Officers are appealing for witnesses after a 12-year-old boy was assaulted in Dalkeith. In considering potential sources of evidence available to support their application, applicants should consider their particular circumstances. Redress Scotland must robustly assess what the applicant has said and the supporting information. Part two of the application form includes a section for the applicant to include a statement on the abuse they suffered. Statutory guidance for Scotland's Redress Scheme. Using a prior statement. 16. This might be because the information is held in confidence or the organisation who holds the information does not think it is appropriate to give out that information. The direction then gives detailed instructions about format and what the statement should contain (including an introduction describing how it was taken), and other matters including exchanges of statements. Redress Scotland (which is independent of the Scottish Government) is solely responsible for determining the eligibility of an applicant and the level of redress payment to be offered. The citation will tell you what kind of court case you re to give evidence at. The outcome of this verification process will be confirmed to Redress Scotland when the application is passed to them for determination. In some cases it may already be in the applicant's possession, or in the possession of others who were in the same establishment that they have kept in touch with. The Scottish Government has engaged with the organisations most likely to hold records relevant to an application for redress (including local authorities, care providers and Police Scotland) and will continue to do so throughout the life of the scheme. A statement is a written account of what happened and can be used as evidence in court. Each paragraph should contain one point the witness wants to make. If a person applying for redress names a perpetrator of abuse within their application, the Scottish Ministers will pass the name of the alleged perpetrator and the applicant's details to Police Scotland, in order that Police Scotland can assess any risk that the alleged perpetrator may currently pose to children and/or vulnerable adults. This field is for validation purposes and should be left unchanged. All content is available under the Open Government Licence v3.0, except for graphic assets and where otherwise stated, Evidential Requirements and Determinations by Redress Scotland, the application form and the Help to Apply guidance. The court can consider special measures when dealing with a vulnerable witness. Witness statements are used in many housing and money claims, especially if the case is disputed. In most circumstances, where further information or supporting documentation is sought, it will be sufficient for Redress Scotland to ask case workers to request this from the applicant. r.6.8(b) Civil Procedure Rules; s.48 Landlord and Tenant Act 1987. para 5.1 Civil Procedure Rules Practice Direction 5A. A witness statement sets out the witness understanding of the facts, and the events that have taken place. Where the absence of documentation relates to who arranged and paid for the applicant's placement at a private fee-paying boarding school, Redress Scotland must seek further information about this aspect of eligibility. you witnessed a crime - you could be a witness for the prosecution or the defence. The redress scheme cannot accept that anonymised statement and applicants should not attach a copy of that to their application for redress. WebThe Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 creates a new rule for child witnesses under 18 to ensure that, where they are due to give evidence in the most serious cases, they will be allowed to have it pre-recorded in advance of the trial. Where a witness statement is in a language other than English, the party seeking to rely on it must have it translated and file the foreign language statement with the court.[23]. 53. Access this content for free with a trial of LexisNexis and benefit from: To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial. Section 42(3) provides that any element of a payment which relates to legal fees or other costs incurred in relation to the process under which the payment was obtained, will not be deducted. If youre representing the client you will need to ask the witnesses open questions to help them give their evidence. evidence. An adviser, helper, or legal representative must not write the content of the witness statement for the witness to sign. 42. Redress Scotland may ask the Scottish Government to request additional information from a third party. This may include publicly available sources of information, for example, in relation to the relevant care setting: 102. why the police are not investigating the crime or why they have stopped an investigation. 36. If an applicant has waived their anonymity in Inquiry proceedings, their name will not be redacted from the statement or transcript published (but appropriate redactions to protect the identities of other people referred to will have been made). How to make a complaint to Police Scotland, how they are investigated and more. [26] The court can use these powers to accept a defective witness statement in some circumstances. A copy of that redacted statement and/or transcript can be attached to the application for redress. Further guidance on the standard of proof is found later in this guidance. The information and evidence required to be submitted by applicants for fixed rate or individually assessed payments, under section 29(1)(e) of the Act is noted below. People involved with the case - for example lawyers or the judge, will read or watch your witness statement. They might also use it as evidence in court. The police officer who takes your statement will give you the name and contact details of the officer in charge of the case - you can contact them at any time if you have any questions.

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