The following guide forms part of the standard for workforce policies that apply to all staff within NHSScotland regardless of which Board they are employed by. 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. Example of a witness statement about disability. Witness statements must be served on the other party and filed with the court before any deadline. 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. 79. 9. The main part of the statement should be broken into numbered paragraphs. The usual way to give evidence to the tribunal is by writing a witness statement. 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. Where the application is for an Individually Assessed Payment and relates to abuse that occurred whilst the applicant was resident in multiple relevant care settings, the applicant should, where possible, provide supporting documentation to confirm residency in each relevant care setting. In some circumstances, this may mean that requested information is withheld or redacted (i.e. Sources of such information may include a copy of a court judgement or interlocutor, correspondence from a solicitor, care provider, local authority or other third party in relation to a previous payment, or correspondence with CICA. However, where such evidence is available, applicants ought to consider obtaining and submitting it with their application. A party in civil court proceedings often needs to rely on witness evidence as part of their case. 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. Medical, social care or school records of the applicant from the period the applicant was in care; Medical records since leaving care, for example where an applicant has made reference to childhood abuse in relation to treatment for physical injury or psychological or psychiatric harm; Evidence of physical injury or psychological or psychiatric harm; Relevant medical, psychiatric or psychological assessments; Previous reports or disclosures to the police or to others; Previous statements or evidence given in other proceedings; Statements obtained by the applicant from third parties such as siblings or friends who were resident in the same care setting at the same time. In relation to applications for Individually Assessed Payments, where the applicant suffered abuse whilst resident in more than one relevant care setting, the applicant should as far as possible submit supporting documentation for each relevant care setting to which the application relates. Only payments made in terms of abuse eligible for redress under the redress scheme will be deducted from the redress payment. This guidance applies to all those with an interest in connection with the making, or consideration of an application for redress. We use cookies to collect information about how you use the Police Scotland website. It is also understood that record keeping was often inconsistent or inadequate in the past, and that for a variety of reasons, records which were kept may no longer be available. Occasionally an opinion is included in a witness statement. 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]. If you do not have access to a printer to print these documents you can attend at any police office and we will print them for you. F: +44(0) 131 225 2934 Find advice and support for any situation you might be facing. Those previous attempts may have been made by the applicant, their representative or by the Scottish Government. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. 60. 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. The court is likely to give less weight to a statement if the witness does not turn up to court. Decisions and determinations about applications will be made by panels of members of Redress Scotland, appointed by the Chair. Witness statements that are served on the claimant by post must be sent to the address on the claim form. 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. Section 45 of the Act ensures that, where the applicant has entered into a settlement or other agreement relating to a previous payment that forbids them from disclosing the information sought (often referred to as non-disclosure agreements), disclosure of that information in connection with their application for redress will not be treated as a breach of that original settlement or other agreement. Joint Protocol SCTS/COPFS/VSS/PS This makes it easier for the court and the other party to ask questions and address the points in the statement. 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. Applicants are required to provide a supporting document, to show that they were resident in a relevant care setting when they were under 18 years of age and that this was before 1 December 2004. For example if forensic examinations or cybercrime enquiries are involved. If the witness needs to rely on information provided by a third party, details of the source should be provided. Officers are appealing for witnesses after a 12-year-old boy was assaulted in Dalkeith. This will help you prepare your questions for the witness to enable them to give their evidence in chief at the hearing. 58. T: +44(0) 131 226 7411 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. Please let us know what you think of this page. 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. The following Corporate Crime practice note produced in partnership with Craig Findlater of The Faculty of Advocates provides comprehensive and up to date legal information covering: As a general rule, hearsay is not admissible evidence in Scottish criminal trials (see, for example: Introduction: Stair Memorial Encyclopaedia [229]). They can be important, especially if they support part of the statement or explain where the information in it comes from. 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. 2: Sist for MediationThis link will download a word document14 December 2006, Presidential guidance in connection with the preparation and use of witness statements3 August 2022, Taking oral evidence by video or telephone from persons located abroad25 July 2022, Making a Statutory Appeal (Scotland)17 June 2021, Amendment to Direction Issued by Employment Tribunal Presidents on 19 March 202024 March 2020, Presidential Guidance Employment Tribunals COVID-1919 March 2020, Presidential guidance in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic18 March 2020, Presidential Guidance Vento Bands (First Addendum)23 March 2018, Presidential Guidance Vento Bands (Second Addendum)25 March 2019, Presidential Guidance Vento Bands Third Addendum27 March 2020, Presidential Guidance Vento Bands Fourth Addendum26 March 2021, Presidential Guidance Vento Bands Fifth Addendum28 March 2022, Presidential Guidance Vento Bands Sixth Addendum24 March 2023, Presidential Guidance Pension Loss Third AddendumMarch 2021, Presidential Guidance Pension Loss (third addendum 2021)12 March 2021, Principles for Compensating Pension Loss Fourth Edition (3rd revision)12 March 2021, Presidential Guidance Pension Loss10 August 2017, Basic Guide to Compensation for Pension Loss 202112 March 2021, Presidential Guidance (Scotland): Seeking a postponement of a hearing16 January 2014, Case Management Order of the President of the Employment Tribunals (Scotland) re Unison 218 August 2017, Case Management Order of the President of the Employment Tribunals (Scotland) re Unison9 August 2017, Making a Complaint About Judicial Misconduct by an Employment Judge in Scotland24 March 2021. Being a witness is an important job, but can cause worry. 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. This is the evidence of a witness recorded in advance of a trial so that the person does not need to appear in court. The presumption of truth and accuracy means that applicants are presumed, as a starting point, to be applying for redress in good faith, to the best of their knowledge and belief. WebAppendix N National Standard Statement Guidance added to document. I, Any Tenant, a retired joiner residing at 1 Any Street and the defendant in this matter, will say as follows. [9] The court can refuse to allow a statement if the source of information contained in it is not clear.[10]. 103. This might be because the information is held in confidence or the organisation who holds the information does not think it is appropriate to give out that information. Case workers will seek to verify supporting documents submitted. A new practice direction and presidential guidance on the use of witness statements have been issued for cases before employment tribunals in Scotland. Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF) A joint protocol has been agreed by Police Scotland, COPFS and SCTS and can be downloaded below. SCTS or COPFS - You can ask SCTS or COPFS about: what offences a person has been charged with. In the event that statements are required, you would provide these to the employers representative, who will, in return, give you statements from their witnesses. Presumption of truth and accuracy in relation to applications. 66. If we receive information that there is a risk to the safety of any person attending court, we will liaise with COPFS, SCTS and VSS to ensure that there is a prompt and proportionate response. There are many types of information that could support an applicant's account of abuse contained within their application. 74. 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. 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. Free trials are only available to individuals based in the UK and selected UK overseas territories and Caribbean countries. the information provided in or with the completed application submitted to Redress Scotland; any further information requested by and provided to Redress Scotland; and. para 19.1(1) Civil Procedure Rules Practice Direction 32. para 19.1(6) Civil Procedure Rules Practice Direction 32. This key message is reinforced within the application form and the Help to Apply guidance and when submitting applications, applicants will be required to make a declaration to this effect. In these circumstances, case workers will be able to refer applicants to the Redress Support Service. The Scottish Government also provides other business and administrative support; but it is not involved in making decisions on applications. 82. 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. Its laid out as a formal witness statement so you can see how a statement prepared for exchange would look. a person who is going to give evidence about the offence or the alleged offence. This is the "balance of probabilities". This includes cases in the High Court of Justiciary, sheriff courts and JP courts. 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. 96. 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. 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. A common way of referencing and labelling exhibits is to use the initials of the witness followed by a numeral, for example AB1, AB2. The crash occurred around 5pm on Saturday, 29 April, 2023, and involved a grey Porsche 911 Carrera. If there is any doubt about whether a witness statement is needed it is usually safer to submit one. Applicants must submit with their application such information and evidence as the Scottish Ministers require (section 29 (1) (e) of the Act). Expert evidence. 88. 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. 59. Support organisations and processes are there to help. [18], Documents are deemed to have been served on the second business day after they have been posted or left with the person.[19]. There is no conflict between the standard of proof and the presumption of truth and accuracy. 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. He is noted for his approachable style and knowledge of Scots criminal law and procedure. 105. The claimant is a witness in their own case. Further information about legal fees can be found in the relevant guidance. Section 36(3) of the Act provides that, in determining an application, the panel members must start with the presumption that any information provided by the applicant in respect of the application is true and accurate to the best of the applicant's knowledge and belief. 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. We use cookies to collect anonymous data to help us improve your site browsing It is not anticipated that this power will need to be used very often given the experience of operating the Advance Payment Scheme has been that evidence requested by survivors has been provided willingly by those who hold it. Road Policing officers in Perth are appealing for witnesses following a fatal crash on the B954 between Alyth and Meigle. If youre representing the client you will need to ask the witnesses open questions to help them give their evidence. Judge Susan Walker, the President of Employment Tribunals (Scotland), has issued the attached Practice Direction and The judge or the other party can ask questions about the content of the statement, check any facts, or ask the witness to expand on something they have mentioned. However, payments under the Advance Payment Scheme will not be adjusted in this way (Section 43(6)). There are strict rules about the formatting and structure of a witness statement. If you have been called to appear at court as a witness in either a civil or criminal court case you may find the websiteVictim Supporthelpful. 12/08/2014 2.00 Changes throughout to comply with the Criminal Justice (Scotland) Act 2016. This will usually be by the special measure 'evidence by commissioner'. Ben Quinn and Jim Waterson. This will normally be carried out by contacting the organisation that produced the document, or otherwise provided it to the applicant, to confirm that it is a true copy of an original document. A witness is anyone who gives evidence in a tribunal case by telling the tribunal about what happened. A party who doesnt have a representative will be asked questions by the tribunal. Clarification of matters arising from their consideration of the application and evidence submitted; Resolution of any queries arising from that consideration; or. (witnesses to the abuse, or to disclosure of abuse by the applicant or potentially other survivors from the same care setting); Information relating to the criminal conviction(s) of perpetrator(s). A witness who has been impacted by the subject matter of the case, for example witnessing a traumatic event, could be treated as a vulnerable party. Applicants are encouraged, in so far as possible, to fully consider and submit all the potential sources of evidence available in their particular circumstances to support their application and assist Redress Scotland in making its determination. 104. Our witness support team will answer any questions that you have about speaking to us. Guidance on Sources and Types of Information and Evidence to Accompany a Redress Application. An affidavit is a statement in writing made under oath, sworn before someone with the authority to administer it, such as a solicitor. Redress Scotland may exercise its discretion in cases where it is satisfied that all reasonable endeavours have been made to obtain the documentary evidence generally required to support an application, that further inquiries are unlikely to be productive and that this is consistent with any other information or evidence in respect of the particular care setting or arrangements in question. Witness Statements in Scotland Posted5 Aug 2022 The President of Employment Tribunals (Scotland), Judge Susan Walker, has today issued new Presidential Guidance and a Practice Direction concerning the use of witness statements in

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