Again, some applicants may have previously made a statement about their abuse, for example to the police or in connection with civil court proceedings. Practice Direction and Presidential Guidance: Use of Opportunities for improving or streamlining the processes for applicants accessing records are being fully explored. It happened around 6pm on Tuesday, 25 April, 2023 near the River Esk, opposite the Old Mill House. Very occasionally you might be ordered by the tribunal to prepare written statements for your witnesses. A colleague who can explain what happened at the time of the discrimination eg because they saw the harassment, A colleague who can give evidence that something similar happened to them, A family member or friend who can explain the impact the discrimination has had on the claimant, to help the tribunal assess the injury to feelings award, If its a disability discrimination case, someone who can explain the impact of the disability perhaps a family member or support worker, what incidents you say were discrimination there may be more than one, what type of discrimination each was (direct, indirect, etc), what needs to be proved for each type of discrimination, which facts the employer admits and which they dispute, Have wide line spacing at least x 1.5, preferably x 2, Have the case heading and case reference number on the front page, Contain a closing statement of truth (I believe that the facts in this statement are true), Section 4: any further details relevant to the specific discrimination not covered in section 3, Section 6: Financial loss and/or recommendations sought. Structure for the claimants written evidence. Payments made in respect of other matters will not be taken into account e.g. 23. This means that Redress Scotland must be satisfied it is more likely than not that the applicant is eligible for redress. Theyll ask you to sign it to say its true. If it is not clear from the document and the other information provided in the application form, further investigation may be required and, after the application has been submitted, the case worker may be instructed by Redress Scotland to seek further information from the applicant. Information for applicants on how to have documents certified and what alternatives can be provided if they do not have one of the documents in the list above, is contained within the Help to Apply guidance. 88 Old Street, London, EC1V 9HU Bribery, corruption, sanctions and export controls, Health and safety and corporate manslaughter offences, Insolvency offences and Companies Act offences, Scottish anti-bribery, corruption and fraud law, Coronavirus (COVID-19)police powers in Scotland, Scottish courts to revise proposals for 'digital' summary criminal justice system, Scottish Criminal Procedure and the Coronavirus (Scotland) Act 2020, Disclosure of evidence in Scottish criminal proceedings, Recovery of evidence in Scottish criminal proceedings, Scottish criminal appealssummary procedure, Solemn procedure in Scottish criminal proceedings, Summary procedure in Scottish criminal proceedings, The investigation and prosecution of criminal offences in Scotland, The jurisdiction and sentencing powers of Scottish criminal courts, Trials under the Scottish solemn procedure, International Sales(Includes Middle East), Evidence of statements by an accused in Scottish criminal proceedings, Statements to police at preliminary investigation, Statements to police after accused becomes a suspect, Statements to police after arrest and charge, Evidence from a witness of an admission or confession by accused, Self-serving statements and mixed statements. why COPFS are not taking a case to court. WebThe police will ask you to explain what you saw, either in writing or on video - this is your witness statement. 82. why COPFS are not taking a case to court- what is happening with a case. All content is available under the Open Government Licence v3.0, except for graphic assets and where otherwise stated, Evidential Requirements and Determinations by Redress Scotland, the application form and the Help to Apply guidance. Section 79 of the Act gives the Scottish Government the power to issue notices to individuals (other than the applicant) or organisations to compel them to provide specified evidence. In some circumstances, following consideration of the application and the evidence submitted it will be appropriate to rebut or overturn that presumption (e.g. For example, the redress scheme is not bound by rules of evidence or procedure as found in the civil or indeed the criminal courts and support will be offered to applicants, including practical support to assist with information and evidence gathering. The Crown Office and Procurator Fiscal Service (COPFS), the Scottish Courts and Tribunals Service (SCTS), Police Scotland and Victim Support Scotland (VSS) all recognise the important role that victims and witnesses have in securing effective and efficient justice for the people of Scotland. The information and evidence required to be submitted by applicants for fixed rate or individually assessed payments, under section 29(1)(e) of the Act is noted below. 57. Trial includes one question to LexisAsk during the length of the trial. The court must take all proportionate measures to ensure a vulnerable witness can participate fully in court proceedings.[22]. Grotesque and sadistic: Prince Harrys key phone-hacking claims It is well documented that in some care settings, record keeping was inconsistent or inadequate and there are a number of relevant care settings which no longer exist. This guidance provides further information on the evidential requirements for the scheme. A witness statement is a formal document that provides the court with the facts of a case. Further guidance on the standard of proof is found later in this guidance. Preliminary Hearings and Dates of Inquiry, Dealing With a Deceaseds Estate in Scotland, Divorce and Dissolution of Civil Partnership, Criminal Courts Practice Notes and Directions, AC Messenger-at Arms and Sheriff Officers, Simplified Divorce and Dissolution of Civil Partnership Guidance Notes, Dealing With a Deceased's Estate Guidance Notes, Crown office and Procurator Fiscal Service (, Protocol on access to information - A guide for victims and witnesses (DOC), Standards of Service for Victims and Witnesses Annual Report 2019-2020 (PDF), Standards of Service for Victims and Witnesses Annual Report 2020-2021 (PDF), Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF), Courts, tribunals and Justice organisations in Scotland, Information for those due to attend or visit court, Information on how some court processes work and action you may want to take, Only judgments of significant points of law or public interest, Procedures and practices which apply to courts. expression of opinion. WebPreparing effective witness statements and affidavits (Scotland) Practical Law UK Practice Note w-021-6167 (Approx. Case workers will seek to verify supporting documents submitted. The statements of a partys other witnesses or of another partys witnesses may be disclosed to a witness after the exchange of statements between the parties. If in the light of that information a witness needs to expand or qualify the evidence which he has already given in written form, a supplementary statement may be lodged. WebA witness statement is a legal document used most often by those in the justice system to record evidence from a person. Some people may feel they would benefit from additional support to access records and supporting documentation or may require practical or emotional support. Role of CO & PF Service. If however there is evidence of abuse in a relevant care setting where the exclusion does not apply, then the application can be considered at least to that extent. Whilst the civil standard of proof applies, redress operates in fundamentally different ways to traditional civil legal action. In other words, the presumption does not displace the requirements set out in this guidance for supporting evidence or the requirement for Redress Scotland to robustly assess all the evidence to be satisfied on the balance of probabilities that the applicant is eligible. Visit 'Set cookie preferences' to control specific cookies. The sources and types of such information and evidence and additional evidence that an application must contain; The types of circumstances where it might be appropriate for Redress Scotland to seek information or evidence in determining an application. Case workers have undergone extensive training and are sensitive to the needs of applicants. Where the applicant is a next of kin applicant, the same standard of proof would also apply to any questions as to their eligibility to apply as next of kin (for example, any question as to whether they had cohabited with the survivor, in a relationship that was akin to that of spouses/civil partners, for the 6 months immediately prior to the survivor's death). [11] It confirms the maker of the statement has an honest belief in its facts. Applicants, and their legal representatives (if any), should ensure that their application is accompanied by the best evidence available to support it. Ben Quinn and Jim Waterson. 109. An affidavit is a statement in writing made under oath, sworn before someone with the authority to administer it, such as a solicitor. In determining applications for redress, Redress Scotland may request additional information or evidence. Standards of Service 2021-22 (PDF) WebA witness statement sets out the witness understanding of the facts, and the events that have taken place. This provides the court with wide discretion to grant the application if there is a good reason to do so. If so, they will ask a case worker to contact the applicant to request this information. A delay could lead to the court dismissing the application. As exercising this power would mean the Scottish Government may receive information about the applicant which they themselves are not aware of (or which they would not choose for the Scottish Government to have), it will only be exercised with the agreement of the applicant or if instructed by Redress Scotland. For further information, see: Introduction: Stair Memorial Encyclopaedia [229]. Evidence of statements by an accused in Scottish criminal If you've been a victim or witness of crime, you'll normally be asked to give the police a statement so they can understand what happened. Witnesses who are deemed 'vulnerable' in accordance with the Vulnerable Witnesses (Scotland) Act 2004, such as children under 18 or vulnerable adults, may be entitled to special measures when they give evidence in court. The court can make an order giving directions to the claimant and defendant as part of its case management powers. Precognition in Scots law is the practice of taking a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. www.victimsupportsco.org.uk, The central objective of the Victim and Witnesses (Scotland) Act 2014 (the Act) is to improve the experience of victims and witnesses within the criminal justice system in Scotland. Working Together for Victims and Witnesses, Application For Access to Information Under Section 6 of the Victims and Witnesses (Scotland) Act 2014, Access to Information Protocol - A Guide for Victims and Witnesses (MS Word Document), Standards of Service for Victims and Witnesses. Once Redress Scotland has received the application and supporting documents, they may wish to request that the applicant provides further information in relation to the application. The witness statement must be written in the first person, in the witness' own words. The main part of the statement should be broken into numbered paragraphs. Where the document is to establish that the applicant was resident in a relevant care setting, this may also be carried out by verifying with the care setting that the applicant was a resident. In other cases, even though the information provided was true and accurate to the best of the applicant's knowledge and belief, Redress Scotland may not be satisfied that, on the balance of probabilities, the applicant is eligible for redress. Occasionally an opinion is included in a witness statement. Verifying other documents submitted in relation to previous payments (e.g. Section 87 of the Act sets out the responsibility of Redress Scotland and its members, the Scottish Ministers, their respective staff and others, to ensure confidentiality when handling information related to the redress scheme which is not otherwise in the public domain. The statement must still be in the witness' own words. WebThe Enforcement Handbook (Scotland), issued on 1 October 1998 has been extensively revised and updated and is now re-published as the Enforcement Guide (Scotland) with its relationship to the Enforcement Guide (England & Wales) made much clearer. When they did so, they may have chosen to receive and/or retain a copy of their un-redacted statement. How to complete a witness statement - GOV.UK The presumption of truth and accuracy is consistent with the non-adversarial approach to all aspects of the redress scheme and recognises the challenges for individuals having to disclose abuse and underlines our commitment to a trauma informed approach. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. There are even some jurisdictions where the document would serve as the testimony. 94. However, if an applicant wishes to provide supporting information then Redress Scotland will also take this into account. As well as serving the statement on the other party, the witness statement must also be filed at court. Thirdly, the court should look at all the circumstances of the case. Witness statements are used in many housing and money claims, especially if the case is disputed. Presidential guidance in connection with the preparation and use of witness statements 3 August 2022. The above video is from a third-party source. Case workers are available to assist applicants, if the applicant wishes, to obtain documents which must be provided with the application or which may support the application. Both applicants and Redress Scotland must have regard to this guidance. Such supporting documents should include the following details: 92. Become a police officer and help keep Scotland safe. Compelled statements taken under section 20(2)(j) HSWA . 106. The official police resource for Scotland. The evidence of abuse required to support an application for an Individually Assessed Payments differs from that required to support an application for a Fixed Rate Payment in two important ways: firstly a more detailed statement is required and secondly, supporting documentation to establish the abuse to which the application relates, must also be submitted. 64. Preparing effective witness statements and affidavits (Scotland The accompanying presidential guidance sets out relevant factors when considering whether witness statements should be ordered, and further guidance on content and presentation. However, it will be the applicant's choice as to whether the application is complete enough to be sent to Redress Scotland. Witness Statement 74. where an applicant was migrated whilst they were a child in care in Scotland, passenger listings or other migration documents which contain reference to the relevant care setting in Scotland from where the migration took place. A completed and signed application form, including a written statement which can be included or attached to the application form. Access this content for free with a trial of LexisNexis and benefit from: To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial. Making a false statement in a witness statement can lead to proceedings for contempt of court, including a prison sentence. The exhibits need to be mentioned in the witness statement and should be clearly labelled. Standards of Service 2022-23 (PDF). It does not apply to statements from expert witnesses. Standards of Service for Victims and Witnesses Annual Report 2020-2021 (PDF) Moreover, the redress scheme uses non-adversarial processes, and there is no need to establish civil or criminal liability in order for a redress payment to be determined as appropriate (section 36(4) of the Act). Witness statements in the employment tribunal in Scotland Practice Direction and Presidential Guidance: Use of Witness Statements in Employment Tribunal Cases to Be Heard in Scotland. More information can be found in the. what decision the judge or sheriff made about the case. Regulations have been made by the Scottish Ministers under section 23 of the Act to provide that an application for a redress payment may not be made to the extent that it relates to abuse that occurred when a person was resident in a relevant care setting for the purpose of being provided with short term respite or holiday care, under arrangements made between their parent or guardian and another person. If you have been called to appear at court as a witness in either a civil or criminal court case you may find the website Victim Support helpful. The Crown Office and Prosecutor Fiscal Service provide information for prosecution witnesses, in some instances through the Victim Information and Advice unit. Making a Statutory Appeal (Scotland) 17 June 2021. A litigant in person could explain they would not have breached the rules if they had the benefit of legal advice. evidence of a criminal conviction in relation to the abuse against the applicant. There are specific rules for witness statements where the witness does not speak English or has limited English. On the grant of an underlease, mortgagees consent in respect of any mortgage over. witnesses If a person applying for redress names a perpetrator of abuse within their application, the Scottish Ministers will pass the name of the alleged perpetrator and the applicant's details to Police Scotland, in order that Police Scotland can assess any risk that the alleged perpetrator may currently pose to children and/or vulnerable adults. This is more likely to happen where there is a substantial dispute and the matter is being listed for a trial. A witness statement must contain a statement of truth. These might include, but are not limited to: 81. The first and most basic exception allowed in Scots Law is that evidence of hearsay may be led to show that the statement was made (primary hearsay). If an applicant for redress submits their un-redacted Inquiry statement, or a copy of that, with their application for redress, it will be returned to the applicant. You might have to go to court as a witness in a criminal court if: youre the victim of a crime - in which case youll be a witness for the prosecution. 96. Criminal convictions relating to abuse occurring within the care setting; Findings of liability within previous civil cases relating to abuse occurring within the care setting; Relevant findings published by the Scottish Child Abuse Inquiry in relation to the care setting; Relevant inspection reports or other records noting concerns regarding the care setting. The tribunals order will usually specify that copies of the witness statements are to be provided to the tribunal as well. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. Witness statement - Wikipedia Emergency services attended, however a 47-year-old man, the driver of the car, was pronounced dead at the scene. 68. 46. The suspect is described as white, around 30-years-old, 5ft 10in tall and of stocky build. However, where an applicant has not waived their anonymity in Inquiry proceedings, the statement or transcript of evidence published by the Inquiry, will not be in their name as that too will be redacted. Scotland Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractors holding company to guarantee the performance of the contract by the subsidiary main contractor. Witness Statements in Scotland - Daniel Barnett If applicants were to share their copy of their un-redacted Inquiry statement for the purposes of their redress application, it could result in persons who are protected by the Chair's General Restriction Order, or a bespoke Restriction Order, being identified. The redress scheme presents a more accessible, trauma-informed, survivor-focussed approach whilst offering elements of justice through recognition and acknowledgement. Redress Scotland may also, if it considers it necessary to do so, invite the applicant to provide oral evidence on this aspect of their application in order to be satisfied, in the absence of supporting documentation, that the applicant was resident in a relevant care setting as a child. A witness statement must not contain legal arguments, such as references to case law and legislation. within certain limits, for the purpose of carrying out any of the functions conferred upon the Scottish Ministers or Redress Scotland in terms of the Act (e.g. Decisions and determinations about applications will be made by panels of members of Redress Scotland, appointed by the Chair. Where the statement within, or attached to, the application form is for any reason incomplete, unclear or otherwise does not allow Redress Scotland to make a determination of eligibility to be offered a redress payment, Redress Scotland may ask case workers to request further information from the applicant. SCTS or COPFS - You can ask SCTS or COPFS about: what offences a person has been charged with. [18], Documents are deemed to have been served on the second business day after they have been posted or left with the person.[19]. Scottish Government is responsible for the administration of the scheme and Redress Scotland is responsible for making determinations in response to applications for redress scheme. A definition used in England and Wales is "a written statement signed by a person which contains the evidence which that person would be allowed to give orally". 8. The witness should attend the court hearing if they can. The witness will be asked to explain what they saw, either in writing or on video and they will be asked to sign the statement to say that it is true. It is advisable to have a copy of the witness statement available on the day, especially if some time has elapsed between the making of the statement and the court hearing. The crash occurred around 5pm on Saturday, 29 April, 2023, and involved a grey Porsche 911 Carrera. The purpose of this document is to disclose the evidence of the witness. 59. Giving a statement after a crime - mygov.scot It is good practice for the applicant to submit a witness statement in an application to set aside a court order or to suspend a warrant of possession. 36. Emergency services attended, however a 47-year-old man, the driver of the car, was pronounced dead at the scene. MyGov.scot, Further advice for Victims and Witnesses, The Victims and Witnesses (Scotland) Act 2014. the victim of the offence or the alleged offence. Expert evidence. If the non-compliance is serious, the court must then consider why the breach occurred. Survivors may face challenges in obtaining evidence both of being in care in the settings covered by the redress scheme, and of abuse that happened a long time ago. This guidance relates to matters connected with evidence and in particular addresses the following issues: 5. Witness statements I believe that the facts stated in this witness statement are true. payments made under the UK Government's scheme for former British child migrants; or, depending on the facts and circumstances, payments made in relation to specific incidents of negligence which resulted in injury to the survivor where this could not reasonably be held to have been an episode of abuse. If an applicant has waived their anonymity in Inquiry proceedings, their name will not be redacted from the statement or transcript published (but appropriate redactions to protect the identities of other people referred to will have been made). Applicants for individually assessed payments must also provide documentary evidence or other supplementary information to support their account of being abused. in the case of fraud or in the event of contrary evidence coming to light). 6. The Joint Protocol was revised in 2017 and continues to focus on providing best practice and consistency of approach to improve victims and witness engagement and support.. If the person who is citing you as a witness considers that you may be regarded as a vulnerable witness, they will usually discuss this with you, or arrange for a suitable person to discuss this with you. If you are a victim or witness, you will be able to ask for some information about the case. If youre representing the client you will need to ask the witnesses open questions to help them give their evidence. Fellow, non-practising and roll only members, Standards of Conduct for Accredited Paralegals, Multi-national practice and incorporated practice, Schedule 2 to the Rules - Rules not capable of waiver, Notification of Beneficial Owner, Manager or Officers (BOOMs) for AML Purposes, Non face-to-face identification and verification, Anti-Money Laundering Certification Course, Risk Management and Governance Certification, Trauma Informed Lawyer Certification Course, Police Station Interview Training | SUPRALAT-inspired, GDPR - The General Data Protection Regulation, Client confidentiality, legal privilege and limited exemptions, Appendix 2 - Example of a data protection policy, Appendix 3 - Background to the GDPR changes, General ethical and sustainability considerations. Existing user? GET A QUOTE. Where the application is for an Individually Assessed Payment, supporting documentation to establish the abuse to which the application relates, must also be submitted. 80. Applicants for fixed rate redress payments are not required to provide a detailed description of the abuse they suffered but must provide sufficient information to allow Redress Scotland to determine that the facts described amount to abuse for the purposes of the Act and that the applicant is therefore eligible under the redress scheme. We use this information to make the website work as well as possible and improve our services. 78. The suspect is described as white, around 30-years-old, 5ft 10in tall and of stocky build. Para 6.5 word will changed to must. 39. Witness evidence must be submitted in the form of a witness statement. It contains a sworn statement from the witness about the accuracy of the contents. This will normally be done by verifying this with the individual or organisation that provided the document. 7. Section 36(1) of the Act sets out the standard of proof against which an applicant's eligibility for a redress payment will be determined. [1] The United One of the key provisions is that victims and witnesses have a legal right to request certain information about the case in which they are involved. Working Together for Victims and Witnesses Joint Protocol. 34. Using a prior statement. Witness evidence is crucial to a successful outcome in nearly all court cases. 21. Your feedback helps us to improve this website. The practice is used most often for vulnerable or child witnesses. Many survivors will not have told anyone what happened to them at the time, or if they did, that it may not have been recorded or acted upon. blanked out). The wording of the statement of truth must follow a prescribed form, set out in Practice Direction 32.[12]. The crash occurred around 5pm on Saturday, 29 April, 2023, and involved a grey Porsche 911 Carrera. It happened around 6pm on Tuesday, 25 April, 2023 near the River Esk, opposite the Old Mill House. There are many types of information that could support an applicant's account of abuse contained within their application. How can we provide the best support to people affected by crime? Charity number: 263710 (England and Wales), SC002327 (Scotland). If you have not been contacted by VIA or are a witness you can contact us at the COPFS enquiry point by email at EnquiryPoint@copfs.gov.uk, by telephone from a landline on 0300 020 3000 or from a mobile on 01389 739 557.

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