News

Vulnerable people called as witnesses in court are often damaged by the experience, according to a new publication by the Scottish executive.

'Vulnerable and Intimidated Witnesses: Review of Provisions in Other Jurisdictions', studied the impact of court appearances on children, adults with a physical disability, mental health problems, learning difficulties, and those likely to be subject to attack.

The study found that the availability of supportive arrangements varied between courts, and nowhere were the effectiveness of such provisions measured.

Vulnerable defendants were not afforded the same support, an aspect that seems to be a breach of human rights. Further, different courts defined ‘vulnerable’ differently, and while children were always included adults with learning difficulties or a physical impairment were excluded in many areas.

The study concluded that many vulnerable people suffered due to the court processes themselves, and that further work was required by the Scottish executive to extend support measures, to produce a national definition of vulnerability, and ensure support was provided in every court.

www.scotland.gov.uk