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). The principle underpinning the fixed rate application process is that independent or documentary evidence to support the applicant's account of being abused is not required. The redress scheme cannot accept that anonymised statement and applicants should not attach a copy of that to their application for redress. A litigant in person could explain they would not have breached the rules if they had the benefit of legal advice. 65. 70. Such supporting documents should include the following details: 92. 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. Anyone applying for a redress payment cannot, attach that un-redacted statement, or a copy of it, to their application for redress. This guidance provides further information on the evidential requirements for the scheme. 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 Presumption of truth and accuracy in relation to applications. This is to account for situations in which it is unlikely that the applicant will ever receive the payment to which they are entitled, for example, because of the financial situation of the organisation required to make the payment. 63. Where this has not been possible, and supporting documents for some but not all relevant care settings to which the application relates have been submitted, Redress Scotland may ask case workers to seek further information from the applicant as to why (see paragraphs 55-58 below). A witness statement must not contain legal arguments, such as references to case law and legislation. Charity number: 263710 (England and Wales), SC002327 (Scotland). A witness statement is used to communicate facts to the court in many types of claims and applications. This may include publicly available sources of information, for example, in relation to the relevant care setting: 102. People involved with the case - for example lawyers or the judge, will read or watch your witness statement. Every application will be considered on its own merits and ultimately the value and weight to be attached to any piece of evidence is a matter for Redress Scotland. The Crown Office and Prosecutor Fiscal Service provide information for prosecution witnesses, in some instances through the Victim Information and Advice unit. para 18.1 Civil Procedure Rules Practice Direction 32. 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, that information will also be verified, and further guidance is provided at paragraphs 94-95. The redress scheme is an alternative to court and does not seek to establish fault or liability. 6. 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. [15] If the other party is a company, it can be left with a partner of the company or a person who holds a senior position. 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. 29. The outcome of this verification process will be confirmed to Redress Scotland when the application is passed to them for determination. Redress Scotland (which is independent of the Scottish Government) is solely responsible for determining the eligibility of an applicant and the level of redress payment to be offered. They can be helpful because it means you know what the witness needs to tell the tribunal. Applicants are required to provide evidence of identity by providing a certified copy of one of these documents: 40. 85. 16. 80. 2. The statement must still be in the witness' own words. 82. If it is not serious, the relief should be granted. Redress Scotland may ask the Scottish Government to request additional information from a third party. Resources for advice professionals from the experts. 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. The following is a guide to help you know who to ask and how. Only payments made in terms of abuse eligible for redress under the redress scheme will be deducted from the redress payment. Judge Susan Walker, the President of Employment Tribunals (Scotland), has issued the attached Practice Direction and 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. They can take a long time. Consolidated Contractors v Masri [2011] EWCA Civ 21. Applicants may seek assistance from a solicitor to obtain supporting documents to submit with their application form. This is done before a commissioner who is a judge. Some people may feel they would benefit from additional support to access records and supporting documentation or may require practical or emotional support. 60. The witness should be clear about the sources of their information, so the court can identify which statements are made from the witness' own knowledge. 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. Fees for legal work reasonably undertaken by the solicitor will be paid in accordance with the framework that has been put in place for the redress scheme. 75. 74. 89. A statement made to a person, official or otherwise, in which the accused admits or claims responsibility for the acts in question. An adviser or other third-party helper who has information to communicate to the court can make and submit their own witness statement. out of court settlements (as above, these will generally be from care providers or local authorities), payments from the Criminal Injuries Compensation Authority (. The witness may have additional supporting documents they wish to show the court. Company number: 01038133 Those previous attempts may have been made by the applicant, their representative or by the Scottish Government. A witness statement is a formal document that provides the court with the facts of a case. The usual way to give evidence to the tribunal is by writing a witness statement. 71. Section 42 of the Act provides that where a survivor has received a payment, or a number of payments, from another source in respect of abuse that is eligible for redress (or where it has been agreed that they will receive such a payment), that amount will be deducted from any redress payment offered (whether that is the fixed rate redress payment or an individually assessed redress payment). 110. what decision the judge or sheriff made about the case. If you think that you may be a vulnerable witness, you should discuss this with the person citing you in a case. Instances where this would be appropriate have been highlighted above and may include, but are not limited to: where the applicant has not submitted any supporting documentation to establish that they were resident in a relevant care setting; or that the documentation that they have produced does not apply to each relevant care setting named within their application for an individually assessed payment; or where they have been unable to submit any supporting documentation to establish who arranged and paid for their placement at a private fee-paying boarding school. 53. The tribunals order will usually specify that copies of the witness statements are to be provided to the tribunal as well. 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. If a witness is unable to read, including in their own or any other language, a solicitor can sign the statement. 27. Civil Procedure Rules Practice Direction 6A. The position on statements or evidence previously given to the Inquiry is the same as set out in paragraphs 62-67 above. 57. This will usually be a lawyer or the Procurator Fiscal who is prosecuting the case. 3. T: +44(0) 131 226 7411 [26] The court can use these powers to accept a defective witness statement in some circumstances. Again, some applicants may have previously made a statement about their abuse, for example to the police or in connection with civil court proceedings. We will also highlight those we assess to be vulnerable to COPFS which will ensure their needs are addressed when they attend Court. 98. He is noted for his approachable style and knowledge of Scots criminal law and procedure. WebTalking about child abuse can be painful and distressing. 7. The application must include a witness statement that addresses the three stages of the test and provides an explanation for the breach. 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. Your cookie preferences have been saved. 103. Numbers, including dates, should be expressed in figures. [18], Documents are deemed to have been served on the second business day after they have been posted or left with the person.[19]. 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). The redress scheme must, however, be robust and credible to ensure survivors, and others, have confidence that the appropriate levels of redress payments are being paid to those eligible to receive them. 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. WebA witness statement sets out the witness understanding of the facts, and the events that have taken place. 66. Section 42(5) provides that where the applicant has only an entitlement to a payment, but where it has not yet been paid, Redress Scotland need not make any deduction. 12/08/2014 2.00 Changes throughout to comply with the Criminal Justice (Scotland) Act 2016. Standards of Service for Victims and Witnesses Annual Report 2019-2020 (PDF) Collecting physical evidence. Further information on the eligibility criteria of the redress scheme can be found in the eligibility guidance. 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. 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. We use cookies to collect anonymous data to help us improve your site browsing The Scottish Government also provides other business and administrative support; but it is not involved in making decisions on applications. This Part contains rules about the content of statements by witnesses and about objecting to the use of written witness statements as evidence. The witness should attend the court hearing if they can. Witness evidence is crucial to a successful outcome in nearly all court cases. a person who is going to give evidence about the offence or the alleged offence. Redress Scotland must determine whether, on the balance of probabilities, the applicant is eligible for the type of redress payment sought. This will help you prepare your questions for the witness to enable them to give their evidence in chief at the hearing. 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. 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. 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. 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. 25. evidence of a criminal conviction in relation to the abuse against the applicant. WebPreparing effective witness statements and affidavits (Scotland) Practical Law UK Practice Note w-021-6167 (Approx. 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. Tue 25 Apr 2023 11.25 EDT. In exceptional circumstances, Redress Scotland may use its discretion as to whether the panel can be satisfied that the applicant was resident in a relevant care setting as a child without the production of supporting documents, or where case workers have been unable to verify the documents submitted. WebA witness statement is a signed document recording the evidence of a witness. Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF) Road Policing officers in Perth are appealing for witnesses following a fatal crash on the B954 between Alyth and Meigle. [29], Witness statement filed on behalf of the Defendant, In the County Court hearing centre at ANY TOWN. expression of opinion. There may be other witnesses to give evidence but its common for a claimant not to have any extra witnesses. 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. the information provided in or with the completed application submitted to Redress Scotland; any further information requested by and provided to Redress Scotland; and. Were a team of subject matter experts who provide support to advisers on benefits, consumer, debt, employment and housing. 21. Parties to a civil claim can submit written evidence to court about the facts of their case in a witness statement. Obtaining further information where it is required in order to fully assess the application and reach a determination. WebAppendix N National Standard Statement Guidance added to document. This is to try to establish the facts of a crime and charge a suspect. 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. Ben Quinn and Jim Waterson. When and how should organisations recruit trainees? The Scottish Government has engaged with the organisations most likely to hold records relevant to an application for redress (including local authorities, care providers and Police Scotland) and will continue to do so throughout the life of the scheme. 64. 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