Faculty’s major vulnerable witness conference judged a success

The event - The Treatment of Vulnerable Witnesses in Scotland -featured Scotland’s two senior judges, Lord Carloway, the Lord President, and Lady Dorrian, the Lord Justice Clerk, and was attended by a range of distinguished speakers.

They included Lord Judge, the former Lord Chief Justice of England and Wales, Dame Joyce Plotnikoff and Dr Richard Woolfson, acclaimed researchers with a special interest in children and vulnerable adults in the justice system.

Lord Judge said: “This was a valuable conference, organised at just the right time, to examine the sensitive issue of how vulnerable witnesses should be enabled to participate fully in the administration of justice without undermining fundamental principles which protect the interests of the defendants and other witnesses. The programme was carefully arranged and wide ranging.”

Joyce Plotnikoff said there had been “a genuine buzz” surrounding the event.

“It revealed a surprising degree of consensus that the current approach to children and vulnerable adults in the criminal justice system is not ‘fit for purpose’. This event signaled the potential for a sea change. The emphasis was on making the process more fair and just, whether the vulnerable person is a witness or the accused.

“Sessions were extremely constructive, indicating that a prerequisite for achieving change is now present – the commitment of practitioners at all levels. Delegates and speakers were keen to see this momentum taken forward.”

Radical changes in the way evidence is taken from children and vulnerable witnesses have been proposed in the report, “Evidence and Procedure Review – Next Steps” by the Scottish Courts and Tribunals Service.

The aim of these proposals is to ensure that the court process and those involved in it treat vulnerable witnesses in the way which will achieve best evidence and which will not cause them to endure further harm as a result. If implemented, they would have significant implications for the examination of vulnerable witnesses.

The Lord Advocate, James Wolffe QC, former Dean of Faculty, said: “As we, in Scotland, address the way that we deal with vulnerable witnesses in the court process, it is right that we understand developments in other jurisdictions and consider what we can learn from them.

“This conference will, I hope, contribute significantly to the work which is being done by the Faculty and others with a view to ensuring that practice in Scotland is in line with best practice internationally.”

David Parratt, the Faculty’s director of education and training, added: “The proposals (in the evidence and procedure review) would impact significantly on traditional advocacy techniques, particularly in cross-examination.

“The approach would require a completely new way of thinking, for example departing from the traditional view that an accused’s position must always be put to a witness, or that unlimited cross-examination with closed questions is always going to be permitted by the court.

“These are challenging issues that the Faculty has already started to investigate, and we welcome the chance to speak with others and to learn from their experiences.”

The programme also included talks by Professor Penny Cooper, co-founder and chair of “The Advocate’s Gateway”, part of the Advocacy Training Council, and Dr Jacqueline Wheatcroft, who teaches forensic psychology at Liverpool University.

Frances McMenamin QC addressed the rights of the vulnerable accused, and a conversation between Angela Rafferty QC, and Derek Ogg QC, of the English and Scottish bars, explored how the system works south of the border.