Simplifying Justice: New Regulations to Support Vulnerable Witnesses in Scotland

In a move to streamline judicial processes and better support vulnerable witnesses, the Scottish Government has announced the commencement of key provisions from the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019. Set to take effect on June 27, 2025, these changes introduce an automated system for handling special measures applications, reducing administrative burdens and enhancing efficiency.

Key Changes

Under the new regulations, applications for special measures—such as the use of screens or live TV links—will be processed via a simplified notification procedure. This change addresses the current system's inefficiencies, where court staff and judges handle requests that have no discretion for denial, causing unnecessary delays.

The new provisions, specifically Section 6 and Section 10(4) of the 2019 Act, allow for automatic approval of standard special measures once a properly completed vulnerable witness notice is submitted on time. This automation is expected to free up valuable judicial and administrative resources.

Who Benefits?

The changes are particularly aimed at supporting vulnerable witnesses, such as victims of serious offences like human trafficking and domestic abuse, as well as all child witnesses. By simplifying the process, these individuals will receive the necessary support more swiftly, minimizing the risk of re-traumatization and ensuring they can participate fully in the justice process.

Automated System

The Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Courts and Tribunals Service (SCTS) have developed a new automated system. This system securely transfers the necessary data between agencies, notifying courts of the special measures without requiring direct judicial oversight.

Limitations and Exclusions

The new procedure will not apply to cases involving pre-recording of evidence or child witnesses under 12, which require direct judicial involvement. Additionally, the simplified process is reserved for new cases to avoid duplicating efforts in ongoing proceedings.

Compatibility and Consultations

The Scottish Government has ensured that these regulations align with the United Nations Convention on the Rights of the Child, confirming their compatibility with children's rights. Key legal stakeholders, including prosecutors and defense representatives, were consulted, and the system is ready to be implemented.

Financial and Administrative Impact

While the new regulations are not expected to have financial implications for the Scottish Government or local businesses, they promise increased efficiency in the use of judicial and administrative resources.

In conclusion, these regulations mark a significant step toward a more person-centered and trauma-informed justice system in Scotland, aligning with the government's Vision for Justice by modernizing processes and supporting vulnerable individuals more effectively.