Witnesses

Witnesses play an important role in the criminal justice process by giving evidence to the court so that they can build up a picture of what has happened and reach a verdict or decision. Witnesses can be called by either the prosecution or the defence, although they have a duty to co-operate fully with both sides. Most witnesses will give a statement prior to appearing in court.

There are specific measures in place for child and vulnerable witnesses. The implementation of the Vulnerable Witnesses (Scotland) Act 2004 was part of a wider programme to modernise the criminal justice system, which was generally thought to fail to meet the needs of victims and witnesses. The Act outlines a set of standards designed to protect and support children and vulnerable witnesses in ways that will significantly improve how children and vulnerable individuals are dealt with in legal proceedings. The Act can be viewed online here. The Scottish Government has also developed support packs for children and vulnerable witness, available here.  

All Sheriff Courts and High Courts in Scotland have a Witness Service, managed by Victim Support Scotland, and staffed by a group of specially trained volunteers. The service offers support and guidance to all witnesses who are called to give evidence. They can also arrange for witnesses to see the courtroom beforehand if necessary. For more details on the range of services provided by the Witness Service, visit their website.  

A useful website for witnesses is the Witnesses in Scotland website, which provides extensive information and resources for children, young people and adults. Information and resources are arranged by topics: being a witness, going to court and giving evidence.

The Centre also holds a small number of books about witnesses, details of which can be found here.