Where required documentation is missing from the application, case workers may contact the applicant (or their chosen point of contact) in advance of submitting the application to Redress Scotland. Where the absence of documentation relates to who arranged and paid for the applicant's placement at a private fee-paying boarding school, Redress Scotland must seek further information about this aspect of eligibility. 72. Case workers will seek to verify supporting documents submitted. Your cookie preferences have been saved. A new practice direction and presidential guidance on the use of witness statements have been issued for cases before employment tribunals in Scotland. It is anticipated that this will only be instructed where Redress Scotland is satisfied that previous attempts to obtain the information have been unsuccessful. you witnessed a crime - you could be a witness for the prosecution or the defence. Standards of Service 2020-21(PDF) Emergency services attended, however a 47-year-old man, the driver of the car, was pronounced dead at the scene. We use cookies to collect information about how you use the Police Scotland website. Witness statements, under the common law of Scotland, could always be used in evidence when the original statement differs from the evidence a witness gives in court. 93. The main care providers and all local authorities are aware of Scotland's Redress Scheme and their role in helping applicants find supporting documents. Using a prior statement. WebThe Victims and Witnesses (Scotland) Act 2014 There is a law about information for victims and witnesses this can be found in section 6 of the Victims and Witnesses (Scotland) Act 2014. The protocol also contains styles of request form which may be used. 11.10 (3) the witness statement is a statement of fact, not opinion. 96. Again, applicants are encouraged to speak with case workers to explore the assistance available. Do not give any personal information because we cannot reply to you directly. such as those establishing the extent that the payment related to legal fees incurred and therefore should not be deducted from the redress payment). There are even some jurisdictions where the document would serve as the testimony. Where possible, that record should relate to the setting at which the abuse occurred. They should be set out separately in the statement of case. I, Any Tenant, a retired joiner residing at 1 Any Street and the defendant in this matter, will say as follows. They can take a long time. If you are a victim or witness, you will be able to ask for some information 2: Sist for Mediation, Presidential guidance in connection with the preparation and use of witness statements, Taking oral evidence by video or telephone from persons located abroad, Amendment to Direction Issued by Employment Tribunal Presidents on 19 March 2020, Presidential Guidance Employment Tribunals COVID-19, Presidential guidance in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic, Presidential Guidance Vento Bands (First Addendum), Presidential Guidance Vento Bands (Second Addendum), Presidential Guidance Vento Bands Third Addendum, Presidential Guidance Vento Bands Fourth Addendum, Presidential Guidance Vento Bands Fifth Addendum, Presidential Guidance Vento Bands Sixth Addendum, Presidential Guidance Pension Loss Third Addendum, Presidential Guidance Pension Loss (third addendum 2021), Principles for Compensating Pension Loss Fourth Edition (3rd revision), Basic Guide to Compensation for Pension Loss 2021, Presidential Guidance (Scotland): Seeking a postponement of a hearing, Case Management Order of the President of the Employment Tribunals (Scotland) re Unison 2, Case Management Order of the President of the Employment Tribunals (Scotland) re Unison, Making a Complaint About Judicial Misconduct by an Employment Judge in Scotland. The accompanying presidential guidance sets out relevant factors when considering whether witness statements should be ordered, and further guidance on content and presentation. 73. you committed the crime. 60. [9] The court can refuse to allow a statement if the source of information contained in it is not clear.[10]. Therefore the applicant must in those circumstances provide documentary evidence which confirms who arranged the placement in the relevant private fee-paying boarding school and paid the fees. Redress Scotland may also use its discretion where, in an application for an Individually Assessed Payment, supporting documents have been produced for some but not all of the relevant care settings to which the application relates. WebAppropriate Adults provide communication support to vulnerable victims, witnesses, suspects and accused persons, aged 16 and over, during police investigations. As above, applicants ought to consider the overall ability of their application and supporting evidence to assist Redress Scotland to determine whether, on the balance of probabilities, the applicant is eligible for the type of redress payment sought. 31/10/2013 1.02 Minor amendment to paragraph 6.11 as a result of the introduction of the Victims and Witnesses (Scotland) Act 2014. Presidential guidance in connection with the preparation and use of witness statements 3 August 2022. When you're a witness Help and support Before the court date The day of the court case Giving evidence After you've given evidence Support organisations Your citation is an official letter telling you to come to court and give evidence as a witness. Sometimes it will not be possible to provide you with the information you are asking for. The outcome of this verification process will be confirmed to Redress Scotland when the application is passed to them for determination. 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. A minimum of two panel members will consider a fixed rate application and a minimum of three panel members will consider an individually assessed application. Part three of the application form includes a section for the applicant to include information about the abuse they experienced. Police are required under section 42 of the Criminal Justice (Scotland) Act 2016 to request support for vulnerable individuals in their custody. These published statements and transcripts have been redacted so that the identities of anyone protected by the Chair's General Restriction Order or by a bespoke Restriction Order are protected. Witness evidence is crucial to a successful outcome in nearly all court cases. Disclosure is prohibited other than in the following circumstances: 84. Redress Scotland may ask the Scottish Government itself to provide specified information or evidence to the panel under section 81(1)(c) of the Act. These might include, but are not limited to: 81. This means that it is permissible to lead evidence to prove that something was said, which may go to prove state of knowledge or to explain subsequent actions, but the evidence cannot prove that the thing said was true and accurate in its contents. The Act specifies different types of information which can be requested. The general approach is that these settings do not fall within the scope of the redress scheme. It is acceptable, and common practice, to record what the witness says and then type it up. Whilst the civil standard of proof applies, redress operates in fundamentally different ways to traditional civil legal action. In most circumstances, where further information or supporting documentation is sought, it will be sufficient for Redress Scotland to ask case workers to request this from the applicant. 41. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. Thirdly, the court should look at all the circumstances of the case. Victim Support Scotland can speak to you about your decision to make a victim statement, offer advice on how the victim statement will be used in the criminal justice process and help you to complete and submit the form. [5] The statement must be legible. It will state what a witness saw, heard or felt and include as much information as possible to help an investigation. 18. 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. WebIf the witness statement refers to any document as an exhibit, a copy of the document should be served at the same time as the statement. 4 Mar 2020. 50. Opportunities for improving or streamlining the processes for applicants accessing records are being fully explored. A joint protocol has been agreed by Police Scotland, COPFS and SCTS and can be downloaded below. The outcome of this verification process will be confirmed to Redress Scotland when the application is passed to them for determination. If a party wants to rely on the evidence of another person, that person should also submit a witness statement. The exhibits need to be mentioned in the witness statement and should be clearly labelled. 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. Funding for advice and assistance from solicitors is available to applicants. 82. Guidance on Sources and Types of Information and Evidence to Accompany a Redress Application. Section 42(3) provides that any element of a payment which relates to legal fees or other costs incurred in relation to the process under which the payment was obtained, will not be deducted. Redress Scotland may instruct the Scottish Government to issue a notice under section 79 or 80 of the Act to compel another person or body (other than the applicant) to provide such information. If you think that you may be a vulnerable witness, you should discuss this with the person citing you in a case. As a general rule, statements made by a person whilst giving evidence on oath in another case, whether as a party or as a witness, are admissible against that person in any subsequent proceedings. This is more likely to happen where there is a substantial dispute and the matter is being listed for a trial. This may include publicly available sources of information, for example, in relation to the relevant care setting: 102. The effect of section 36(1) is that the eligibility criteria will be met if it is determined that the applicant has sufficiently demonstrated that it was "more likely than not" that the applicant was abused, prior to 1 December 2004, as a child whilst resident in an eligible care setting. Applicants are required to declare within the application form details of any relevant previous payment that they have received and, where possible, should provide supporting documents to establish this. No provision is made in the rules for when the witness' own language is not a written language. 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. 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. This makes it easier for the court and the other party to ask questions and address the points in the statement. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. The statement must still be in the witness' own words. practice direction 1A, Civil Procedure Rules. The claimant is a witness in their own case. A witness statement must contain a statement of truth. 12. under a court order in relation to civil or criminal proceedings. The Scottish Child Abuse Inquiry is wholly independent of both and is not able to have any involvement in the redress scheme. 10. The main care providers and all local authorities are aware of Scotland's Redress Scheme and their role in helping survivors find supporting documents, so it may be helpful to highlight that this is the purpose of a request. This guidance applies to all those with an interest in connection with the making, or consideration of an application for redress. Standards of Service 2021-22 (PDF) Resources for advice professionals from the experts. A witness statement must not contain legal arguments, such as references to case law and legislation. experience. History of the judiciary in England and Wales, Judiciary and Data Protection: privacy notice, Health, Education and Social Care Chamber, Upper Tribunal Administrative Appeals Chamber, Upper Tribunal Immigration and Asylum Chamber, War Pensions and Armed Forces Compensation Chamber, PH Agenda for Equality Act claim (claimant), Agenda Completion Guidance for Equality Act Claim (claimant), PH Agenda for Equality Act claim (respondent), Agenda Completion Guidance for Equality Act claims (respondent), PH Agenda for Public Interest Disclosure Claim (claimant), Agenda Completion Guidance for Public Interest Disclosure Claim (claimant), PH Agenda for Public Interest Disclosure Claim (respondent), Agenda Completion Guidance for Public Interest Disclosure Claim (respondent), PH agenda for Equality Act AND Public interest disclosure claim (claimant), Agenda Completion Guidance for Equality Act and Public Interest Disclosure claims (claimant), PH Agenda for Equality Act and Public Interest Disclosure claim (respondent), Agenda Completion Guidance for Equality Act and Public Interest Disclosure Claims (respondent), Practice Direction in connection with the use of witness statements, Presidential Practice Direction Electronic Signatures, Practice Direction: Fixing and Conduct of Remote Hearings, Presidential Practice Direction (Scotland): Presentation of Claims, Employment Tribunals (Scotland) Direction of the President: Holiday Pay Direction, Presidential Practice Direction (Scotland) Addresses for serving documents in special cases, Employment Tribunals (Scotland) Practice Direction No. 8. 24. This will be someone you have spoken to already. A completed and signed application form, including a written statement which can be included or attached to the application form. This will help you prepare your questions for the witness to enable them to give their evidence in chief at the hearing. Offers support to victims and witnesses of crime. 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