Child Protection Guidance 2021

Part 3: Identifying and responding to concerns about children 126 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 3.189 Special measures available for all child witnesses cited to give evidence include the following options: • evidence being taken by a commissioner (which means that the child’s evidence is taken at a special hearing, which can take place outwith the court, in advance of the proof or trial, and is recorded) • a ban on questioning by the person who is alleged to have perpetrated certain actions • having a support person present • screens so that the child cannot see the accused (in a criminal case) or other people who are entitled to be present (in other cases) • giving evidence via a CCTV link from another room within the court building or from a remote site, as appropriate (most often used in criminal prosecutions, or where the proof relates to offence grounds referred to a children’s hearing and prior statements treated as evidence in chief) • prior statements, which can include JII recording treated as evidence in chief in criminal proceedings • in children’s hearings proofs relating to non-offence grounds, the Reporter will seek to use the police and social work interview (the JII) in place of the child having to give evidence in person. This is a judgement call in each case and the use of a CCTV link cannot be ruled out as a possibility. Even if the Reporter does not cite the child as a witness, other parties may do so 3.190 As well as these special measures, the Sheriff or Judge can take a range of other steps to help the child give evidence and protect his or her welfare whilst giving evidence, for example by deciding in advance what questions can and cannot be asked, by agreeing the child should have regular breaks, and by limiting the duration of questioning. 3.191 The Children (Scotland) Act 2020 creates a new special measure which prevents parties to civil cases and children’s hearings proofs, in certain circumstances, from personally conducting their own case. This would apply, subject to some exceptions, where a witness is a victim of certain conduct, including domestic abuse, or certain other offences. These provisions are not yet in force, but similar provisions do currently apply in criminal trials. 3.192 Consideration should be given as to who may act as a support person for the child. In all cases, the person citing the witness (e.g. the Procurator Fiscal or defence lawyer) will make an application to the court on which option is the most appropriate. The child’s own views and those of the child’s parent or carer should also feed into the decision- making process. The final decision on which option is the most appropriate rests with the Sheriff or Judge. 3.193 Professionals involved in supporting the child may be asked to provide information to the party citing the child to ensure that the court is provided with enough information about the child’s needs to inform the decision about what special measures and other supports are required.