Pre-Recorded Statements Called For

Using pre-recorded witness statements at trials could help ease the strain on the justice system, a report has found.

Such statements could also provide more accurate and reliable'' evidence than those made during a trial as they would have been recorded closer to when the incidents happened, according to the study.

The Scottish Court Service (SCS) Evidence and Procedure Review Report, published today, found that the conduct of criminal trials needs to change, and should keep pace with changes in the digital age where much of what we do and say is captured on camera.

It urges Scotland to harness the opportunities that new technologies bring to improve the quality and accessibility of justice.

The report also calls on Scotland to go further to protect children and vulnerable witnesses and ensure their evidence is taken in the most appropriate way ahead of the trial.

The report found that using pre-recorded witness statements could substantially'' ease the strain on the justice system and bring other benefits.

It said: There are benefits in the ability to schedule the recording of witness statements and examination for the courts, for witnesses and jurors and for the parties; there are efficiencies in the final trial deriving from a procedure that means original statements are edited and appropriate controls placed on cross-examination.

And, critically, there is every reason to think that the evidence gathered and presented will be more accurate and reliable if taken substantially closer to the incidents in question than the trial diet - in other words, it will make a positive contribution to the ascertainment of the truth.''

The report explores what legal and other changes would need to be made to allow pre-recorded witness statements to be admitted as direct evidence, and what safeguards need to be in place.

It also calls for a transformation of the way children and vulnerable witnesses are treated, and suggests that a scheme which deals with them away from the court setting should be considered urgently.

SCS chief executive Eric McQueen said: This report aims to stimulate discussion about the very nature of criminal trials - how do we ensure the testimony of witnesses is as reliable, accurate and complete as it could be; how do we eliminate unnecessary delays and preserve a fair, transparent and just system; how do we make sure that young and vulnerable witnesses are safeguarded against further trauma?

The propositions in this report could transform our criminal justice system. We now need to work through their implications with everyone with an interest, so that the proposals that emerge are ambitious, workable and will help create a modern, fair and efficient criminal justice system for the digital age.''

The SCS will now work with the Scottish Government, other justice agencies, the legal professions and victims' groups to explore the implications of the report's propositions and develop proposals for change.

Children 1st chief executive Alison Todd said: We are pleased to have this strong call for change. It is good news for us, our children and our justice system.

We have long said that putting children under the distress and pressure of court is a poor way of hearing their evidence. The current system lets our children down. If we can't hear their evidence we aren't listening to them and we aren't helping them.''

A Scottish Government spokeswoman said: We welcome this thorough and thought-provoking research which we believe addresses issues that are key to witnesses and victims, as well as suggesting innovative ways of modernising our criminal justice system.

The Justice Board will now develop the issues it raises in a short-term working group which will involve partners from across the justice sector including the legal profession, and representatives from children's and victims' organisations. We look forward to receiving their report in the autumn.''