a person who has given a statement to a police officer or to a prosecutor about the offence or the alleged offence. The translator must sign the original statement and certify that the translation is accurate. We use this information to make the website work as well as possible and improve our services. Witnesses cited to appear for a High Court or Sheriff Court Solemn trial should continue to do so. Case workers from the Scottish Government will support and communicate with applicants. Notwithstanding these general requirements, there may be circumstances where one or more of the above is not submitted by the applicant, further guidance on this is set out below. This guidance relates to matters connected with evidence and in particular addresses the following issues: 5. Judge Susan Walker, President of the Employment Tribunals (Scotland), who signed the direction and guidance, acknowledges that they were drafted by her predecessor, Judge Shona Simon. The outcome of this verification process will be confirmed to Redress Scotland when the application is passed to them for determination. A witness can include information they have received from an adviser or a solicitor as long as the source is clear. The evidence required to support a redress application is different to that required to support an action in the civil courts or a prosecution in the criminal courts. Witness statements must be served on the other party and filed with the court before any deadline. You can make a The standard of proof for eligibility is the balance of probabilities. The above video is from a third-party source. For further information on how to apply to us please download the guidance and application form below. 77. This is done before a commissioner who is a judge. 20. As such, we commit to work together to understand and meet victim and witness needs, treating them appropriately, professionally and with respect at all times. This guidance applies to all those with an interest in connection with the making, or Thirdly, the court should look at all the circumstances of the case. The organisation that you have contacted for information will let you know if they are unable to provide that information. 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. The following is a guide to help you know who to ask and how. There are strict rules about the formatting and structure of a witness statement. The tribunals order will usually specify that copies of the witness statements are to be provided to the tribunal as well. I, Any Tenant, a retired joiner residing at 1 Any Street and the defendant in this matter, will say as follows. A new statutory aggravation related to a child provided for in the Domestic Abuse (Scotland) Act 2018 which can be attached to the domestic abuse offence. SCTS or COPFS - You can ask SCTS or COPFS about: what offences a person has been charged with. What can individuals and/or employees do? Its laid out as a formal witness statement so you can see how a statement prepared for exchange would look. Witnesses (Scotland) Act 2014 (the Act) is to improve the experience of victims and witnesses within the criminal justice system in Scotland. Exhibits must be referred to in the body of the statement and not simply attached without any explanation. Witnesses cited to attend either the Sheriff Court for a summary trial or the Justice of the Peace Court for a summary trial, should not attend unless they are contacted directly by the Crown office and Procurator Fiscal Service (COPFS). 107. 12/08/2014 2.00 Changes throughout to comply with the Criminal Justice (Scotland) Act 2016. If a party wants to rely on the evidence of another person, that person should also submit a witness statement. We use cookies to collect anonymous data to help us improve your site browsing The direction then gives detailed instructions about format and what the statement should contain (including an introduction describing how it was taken), and other matters including exchanges of statements. [17], In a claim by a tenant against a landlord, documents can be served at an address given by the landlord when the tenancy began. Craig has been involved in a number of cases which have developed Scots criminal law since calling to the bar, including all but one of the full bench appellate cases to have been argued in Scotland in that time. These are called exhibits. A supporting document to confirm that the applicant was resident in a relevant care setting as a child before 1 December 2004. Some applicants may have previously made a statement about their abuse, for example to the police or in connection with civil court proceedings. 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. The court dealing with the case may provide instructions for what to do if this is the case. Presumption of truth and accuracy in relation to applications. 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. The crash occurred around 5pm on Saturday, 29 April, 2023, and involved a grey Porsche 911 Carrera. Employment Appeal TribunalEmployment TribunalPractice DirectionPractice Guidance, Remote Hearings Practical Guidance12 June 2020, PH Agenda for Equality Act claim (claimant)This link will download a word document3 April 2020, Agenda Completion Guidance for Equality Act Claim (claimant)3 April 2020, PH Agenda for Equality Act claim (respondent)This link will download a word document3 April 2020, Agenda Completion Guidance for Equality Act claims (respondent)3 April 2020, PH Agenda for Public Interest Disclosure Claim (claimant)This link will download a word document3 April 2020, Agenda Completion Guidance for Public Interest Disclosure Claim (claimant)3 April 2020, PH Agenda for Public Interest Disclosure Claim (respondent)This link will download a word document3 April 2020, Agenda Completion Guidance for Public Interest Disclosure Claim (respondent)3 April 2020, PH agenda for Equality Act AND Public interest disclosure claim (claimant)This link will download a word document3 April 2020, Agenda Completion Guidance for Equality Act and Public Interest Disclosure claims (claimant)3 April 2020, PH Agenda for Equality Act and Public Interest Disclosure claim (respondent)This link will download a word document3 April 2020, Agenda Completion Guidance for Equality Act and Public Interest Disclosure Claims (respondent)3 April 2020, Practice Direction in connection with the use of witness statements3 August 2022, Presidential Practice Direction Electronic Signatures13 December 2021, Practice Direction: Fixing and Conduct of Remote Hearings11 June 2020, Presidential Practice Direction (Scotland): Presentation of Claims21 April 2021, Employment Tribunals (Scotland) Direction of the President: Holiday Pay Direction27 March 2015, Holiday Pay Direction: Accompanying Note27 March 2015, Presidential Practice Direction (Scotland) Addresses for serving documents in special cases17 December 2013, Employment Tribunals (Scotland) Practice Direction No. 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. Generally speaking, it is not common practice for parties to exchange written witness statements prior to a tribunal hearing. The official police resource for Scotland. 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. However, payments under the Advance Payment Scheme will not be adjusted in this way (Section 43(6)). Section 42(5) provides that, where the relevant payment was received before 7 December 2021 the amount that is to be deducted is to be adjusted for inflation by reference to the Gross Domestic Product deflator with reference to the period beginning with the date the payment was made and ending on 7 December 2021. 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. 56. It must be submitted on A4 paper with a 3.5cm margin. There may be other witnesses to give evidence but its common for a claimant not to have any extra witnesses. what decision the judge or sheriff made about the case. why the police are not investigating the crime or why they have stopped an investigation. If the witness needs to rely on information provided by a third party, details of the source should be provided. If so, they will ask a case worker to contact the applicant to request this information. WebThe police will ask you to explain what you saw, either in writing or on video - this is your witness statement. A witness is anyone who gives evidence in a tribunal case by telling the tribunal about what happened. Become a police officer and help keep Scotland safe. This includes cases in the High Court of Justiciary, sheriff courts and JP courts. 66. Such evidence, however, will not be admissible for the truth of the contents of the statement (secondary hearsay). 88. 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. full or provisional driving licence (with a photo). Investigations are when the police take witness statements and gather all the evidence. A conversation with a case worker is often the best first step to exploring the most likely and effective routes to obtaining documents to support applications for redress. There are even some jurisdictions where the document would serve as the testimony. Brainbox Digital v Backboard Media GmBH [2017] EWHC 2465 (QB). This is an example of a statement (sometimes called a disability impact statement) which might be used at a hearing to decide whether a claimant is disabled. 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 court first considers the seriousness of the non-compliance. There are, however, a number of exceptions to that general rule. 93. This may include publicly available sources of information, for example, in relation to the relevant care setting: 102. Making a false statement in a witness statement can lead to proceedings for contempt of court, including a prison sentence. To ensure that the applicant makes an informed choice, Redress Scotland must indicate, within their request, the matters to be addressed in the report to be commissioned. Occasionally an opinion is included in a witness statement. 73. If you require this information in an alternative format or language please contact us. The purpose of this document is to disclose the evidence of the witness. WebThis advice applies to England. 41. Further information on this can be found in the payment of legal fees guidance. The witness statement must be written in the first person, in the witness' own words. 29. Being a witness is an important job, but can cause worry. The witness is questioned by both the prosecution and the defence in a way that they can understand. 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. It does not apply to statements from expert witnesses. In the first paragraph the witness must state: their occupation (including retired, unemployed), whether they are a party to the court proceedings, or an employee of a party, the process by which the statement has been prepared, whether the statement was made with the help of an interpreter[8]. Their knowledge builds on the experience and learning gained from working with hundreds of successful applicants to the Advance Payment Scheme. Making a Statutory Appeal (Scotland) 17 June 2021. 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. Using a prior statement. The claimant is a witness in their own case. This Part contains rules about the content of statements by witnesses and about objecting to the use of written witness statements as evidence. These must be of sufficient weight to allow Redress Scotland to be satisfied, on the balance of probabilities, that the applicant is eligible for redress. These might include, but are not limited to: 81. The exhibits need to be mentioned in the witness statement and should be clearly labelled. An affidavit is a statement in writing made under oath, sworn before someone with the authority to administer it, such as a solicitor. 76. The Crown Office and Prosecutor Fiscal Service provide information for prosecution witnesses, in some instances through the Victim Information and Advice unit. Applicants are required to provide evidence of identity by providing a certified copy of one of these documents: 40. Standards of Service for Victims and Witnesses Annual Report 2020-2021 (PDF) Applications for relief from sanctions must be made as soon as possible. These will have to be considered on a case by case basis. More information about the right to ask for personal information from those who may hold relevant records about an applicant's time in care, and how that process works, can be found at the Information Commissioner's website. Protocol on access to information - A guide for victims and witnesses (DOC) Examples include (but are not limited to): 44. 97. This is a suggested outline for a written witness statement thats going to be exchanged with the other side and provided to the tribunal or precognition thats for your own preparation. If an applicant, or the person in respect of whom an application is made, has received or has become entitled to a relevant payment in terms of section 42 of the Act, supporting documentation in relation to that relevant payment is required. Verifying other documents submitted in relation to previous payments (e.g. Witnesses that might be helpful could be: Witnesses normally have to attend the hearing. Where possible, that record should relate to the setting at which the abuse occurred. Company number: 01038133 In some cases it may already be in the applicant's possession, or in the possession of others who were in the same establishment that they have kept in touch with. 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. Those previous attempts may have been made by the applicant, their representative or by the Scottish Government. The supporting document should, if possible, indicate the date or time period the applicant was in care although it is recognised that some documents may not show this. payments from the Advance Payment scheme, If applicable, that an element of the payment related to legal fees or other costs incurred in relation to obtaining that payment and therefore should not be deducted from any redress payment offered (evidence of this could include a copy of an invoice or letter from the solicitor); and.