Law Society says Evidence and Procedure Review presents an important opportunity to examine trial procedure

“We would welcome any measures which improve the quality of evidence presented in criminal trials, particularly in relation to the evidence of children and vulnerable witnesses who can find the process very intimidating.

“We also believe that that the admissibility of statements and the modernisation of trial procedure are areas which should be considered.

“However it is essential that any proposal for change will continue to ensure witness evidence can be properly examined without compromising the accused’s right to a fair trial.

“We will liaise with our solicitor members and work with the Scottish Courts Service and other criminal justice stakeholders to help shape the outcomes from this important review.”

In 2013 the lord justice clerk, Lord Carloway (pictured), who chaired the review, called for “clear-sky thinking” to help bring trial procedures rooted in the Victorian era into the modern, technologically-enhanced society today and in years to come.

The report calls for Scotland to harness the opportunities that new technologies bring to improve the quality and accessibility of justice.

It uses the research to suggest ideas that could help transform the conduct of criminal trials, in particular reaching two main conclusions:

1. The evidence of children and vulnerable witnesses

The report finds that Scotland needs to move to the forefront of law and practice in relation to children and vulnerable witnesses and concludes: “There’s extensive evidence that giving testimony at court is especially distressing and potentially damaging for young and vulnerable witnesses; and it is a poor way to get good evidence from them. Although Scotland does have a range of protections available, experience elsewhere, such as in England and Wales, Australia and Norway, suggests we can go further to protect such witnesses and ensure their evidence is taken in the most appropriate way in advance of the trial.”

2. Witness statements in general

The report concludes: “We need to rethink what constitutes the best evidence at trial – and this may mean a transformation in the way the evidence of witnesses in general is captured and presented. It is highly likely that a witness account taken at the scene of a crime or shortly after will be more reliable, full and accurate than their attempt to recall what happened many months later in court. The Report explores what legal and other changes need to be made to allow pre-recorded witness statements to be admitted as direct evidence, and what safeguards need to be in place. There are, potentially, great benefits – these include greater accuracy and reliability of the evidence; the ability to manage cases more effectively; and less reliance on witnesses turning up at court on the trial day.”